BANSHI LAL AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Assailing the order dated 9.4.1991 of the learned Additional Sessions Judge, Chhabra Distt. Baran, of framing charges, under sections 304, 304/34 & 342 IPC, the accused- petitioners filed the instant revision seeking direction of discharge.

(2.) When the matter came up for hearing, this Court on 29.7.1997, issued notices to Jodh Singh, SHO and Abhay Singh, ASI who were made co-accused in the case but were discharged by the learned trial Court vide impugned order dated 9.4.1997.

(3.) Brief resume of the facts is that informant Ratan Lal instituted FIR with the Police Station Chhipabarod on 16.4.1997 in connection with the death of his elder brother Chhitar Lal. A case under sections 302, 342 & 34 Penal Code was registered against the accused-petitioners Banshilal, Ram Gopol, Pana Chand and Jagdeesh and investigation commenced. Statements of Megh Raj Mali, Kalu and Ganga Ram were recorded. These witnesses were in the police custody along with the deceased Chhitar Lal on 15.4.1994, a day prior to the death of Chhitar .Lal. In their statements they deposed that police personnel gave beating to Chhitar Lal in the police custody. Dead body of Chhitar Lal was subjected to post mortem on 16.4.1994 at 4.30 p.m. and the injuries sustained by him were found ante-mortem about 12 hours old. Case was investigated by the C.I.D. (C.B.) and the conclusion was that the deceased was assaulted by police personnels while he was in police custody. Charge-sheet was filed against the accused-petitioner along with Abhay Singh, ASI and Jodh Singh SHO.