YUVRAJ TANEJA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition has been filed against the order dated 7.3.2009 passed by the Additional Sessions Judge, (Fast Track), Tonk in Sessions Case No. 59/2008 whereby, while allowing application filed by the complainant Jahid under Sec. 319 Crimial P.C. for taking cognizance under Sections 143, 341, 323, 307, 302 I.P.C., the petitioner has been added as an additional accused and summoned by non-bailable warrants.

(2.) The facts of the case are that the complainant-Jahid son of Pyare Miyan submitted a complaint with the Police Station, Sadar, Tonk on 2.8.2009 at 2.00 am upon which an F.I.R., bearing No. 91/2008 was lodged under Sections 143, 341, 323, 307, 302 I.P.C. in which it was stated that the complainant in the evening at about 7.00 pm was sitting in the vehicle near the Banas Bridge with Wahid and Anwar where Sandeep, Sunil, Rajesh and 2-3 other persons came on two motorcycles and asked the complainant to remove the Jeep from the site due to which there was a hot exchange between the parties and the accused persons snatched the Jeep and pushed the complainant and Wahid in Banas River. Consequently, Wahid died and the complainant was injured. The complainant knows Sandeep, Sunil and Rajesh because they are coming to the Court and he can identify rest of the accused if they are brought before him. On having due (sic: hue) and cry by Anwar, some people came for rescue and in the meanwhile, the accused persons ran away.

(3.) Upon the aforesaid report, the Police registered a case, started investigation and filed charge-sheet against Sandeep and 5 other persons before the Magistrate concerned who committed the case to the Sessions Judge, Tonk. The Sessions Judge, Tonk transferred the case to the Additional Sessions Judge, (Fast Track), Tonk for trial. The trial Court has framed charges under Sections 143, 341, 323 in the alternative 323/149, 307 in the alternative 307/149 and 302 in the alternative 302/149 I.P.C. against Sandeep and 5 others.