GOPAL SINGH TALWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) -Their Lordships of the Supreme Court in Union of India Vs. Profullakumar (1979 Cr.LJ 154) had observed that while considering the question of framing the charge the court has "the undoubted power to sift and weigh the evidence for the limited purpose of finding out whether a prima facie case against the accused has been made out. " However, their Lordships pointed out that the test to determine a prima facie case would naturally depend upon the facts of each case and it is difficult to lay down a rule of universal application. By a large, however, if two views are equally possible and the Judge is satisfied that the evidence produced before him gives rise to some suspicion but not gave suspicion, the Judge would be fully within his right to discharge the accused. At the same time the court cautioned that a roving enquiry into the pros and cons of the case by weighing the evidence as if he was conducting the trial is not expected or even warranted at this stage.

(2.) In view of the law laid down hereinabove by their Lordships of the Apex Court, I proceed to consider this revision petition, which has been preferred by the accused petitioner impugning the order dated March 5, 1994 passed by the court below whereby charges under Sections 304, 342 and 323 Penal Code have been framed against him. On Feb. 3, 1986 FIR was lodged by the complainant Mohan Lal against the petitioner at Police Station Modak District Kota under Sections 304, 342 and 323 IPC. It was averred in the FIR that the accused petitioner, who was SHO at the relevant time came to his shop along with one Head Constable some altercations were exchanged thereafter the petitioner left. At about 12.00 or 12.30 p.m. the petitioner again came and started beating Shyam Sunder brother of complainant and took him in the jeep. Shyam Sunder was severally beaten thereafter he was admitted to the hospital then he died.

(3.) The case was investigated by the Police and subsequently it was transferred to CID (CB) for investigation. Ultimately final report was submitted in the case. The complainant Mohanlal filed protest petition on Oct. 26, 1988 before the learned Magistrate. The learned Magistrate recorded the statements of Mohan Lal, Chandra Shekhar and Ghasilal and thereafter took cognisance under sections 304, 323 and 341 Penal Code against the petitioner. The FIR was submitted before the Magistrate and Magistrate took cognisance and committed the case to the Court of Sessions Kota from where it was transferred to the Court of Special Judge SC and ST (Prevention of Atrocities) Cases, Kota. The learned trial court vide order dated March 5, 1994 passed a detailed order and framed charge under sections 304, 342 and 323 Penal Code against the accused petitioner relying on the evidence recorded by the learned Magistrate on the protest petitioner of the complainant. Against this order that the present action for filing this revision has been resorted by the accused petitioner.