BHEEKA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant revision petition has been filed on behalf of accused-petitioners challenging the correctness and legality of the order dated 3.5.2008 passed by the Addl. Sessions Judge (Fast Track) No. 1, Jodhpur in Sessions Case No. 15 of 2008, State v. Om Prakash and others whereby the learned Judge allowed the application filed under Section 193 Cr.P.C. and took cognizance against the petitioners and arraigned them as accused, along with the other accused.

(2.) The brief facts of the case are that on 5.11.2007 a report was lodged at the Police Station Dangiawas alleging therein that complainant Om Prakash and one Meera Ram both were coming by motor cycle No. RJ19-SD-9910 from Dantiwara and at 6.30.PM when they were at village Dewaliya then the accused 1. Bheekha Ram, 2. Chandra Ram, 3. Gopa Ram, 4. Mukna Ram 5. Beniwal, 6. Pema Ram, 7. Pukha Ram, 8. Shyam Lal, 9. Kalu Ram along with other 15-20 persons including Oma Ram and others all boarded in two jeeps tried to hit their motorcycle from the back with a view to kill them. Thereafter all the accused persons assaulted them with iron pipes, lathi, and hockey sticks, with an intent to kill them. Complainant Om Prakash sustained multiple injuries and fracture. Accused also snatched Rs. 10,000/- lying in bag and took away the documents. On that basis, F.I.R. No. 191/2007 was registered under sections 147, 148, 149, 341,323, 325, 307, and 379 I.P.C. and investigation commenced. It further reveals that after completion of the investigation, charge sheet was filed with aforesaid Sections only against 1. Om Prakash 2. Pukha Ram, 3. Shyam Lal, 4. Mana Ram and 5. Kalu Ram. Looking to the nature of the case, the learned Judicial Magistrate committed the case to the Court of Sessions, where the case was registered on 5.1.2008. Thereafter the case was transferred by the Court of Sessions Judge to the Court of Additional Sessions Judge (Fast Track) No. 2. The case was taken up on 15.1.2008 by the concerned Court. On 5.2.2008 an application under Section 193 Cr.P.C. was filed by private complainant through his counsel, stating therein that on the day of occurrence, Bheekha Ram, Chandra Ram, Gopa Ram, Mukna Ram, Perna Ram, Pukha Ram, Shyam Lal and Kalu Ram along with 15 to 20 other persons having common intention to kill them, gave several beating. The accused persons also took away Rs. 10,000/- and snatched the papers from Om Prakash. It was further stated in the application that police did not fairly investigate the matter with the connivance of accused persons, Bhika Ram, Chandra Ram, Gopa Ram, Mukna Ram and Pukha Ram and with an intent to save them, despite sufficient material available on record of involvement, but did not file challan against them. It was further stated in the application that prima facie offence under Sections 326 and 395 I.P.C. were made out but the Investigating Officer filed challan under Section 325 and 379 I.P.C. along with other sections. Lastly, it was submitted that cognizance against these accused persons be taken and they may be summoned as accused persons in the pending Sessions Case No. 15/2008. The learned Addl. Sessions Judge, after hearing both the sides, vide impugned order dated 5.3.2008 allowed the said application and took cognizance under sections 147, 148, 149, 341, 323, 325, 326, 307 and 395 I.P.C. and summoned the above named persons as accused through non-bailable warrant. The petitioners being aggrieved by the said order filed the present revision petition.

(3.) Notice of this petition was issued, record of the case was called and arguments were heard.