MAHENDRA PUNIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal revision petition under Section 397 read Section 401 of the Criminal Procedure Code (for short the 'Cr.P.C.' hereinafter) is filed by the petitioner being aggrieved with the order dated 05.08.2019 passed by the Additional Sessions Judge No.1, Nohar, District Hanumangarh (for short 'the trial court' hereinafter) in Sessions Case No.1/2019, whereby it has ordered for framing of charges against the petitioner for the offences punishable under Sections 302/120B and 302/109 IPC. Brief facts giving rise to this revision petition are that on 24.09.2018 at 05:06 P.M., respondent No.2 Hanumat Singh (for short the 'complainant' hereinafter) filed a typed report stating that on 24.09.2018 at 12:00 noon, he along with his father Harveer Singh Saharan, Raju Saini and Dharmpal Kadwasara went to SDM Court, Rawatsar for some work in a vehicle; he stayed near the vehicle, whereas his father Harveer Singh, Dharmpal Kadwasara and Raju Saini went into the SDM Court; when his father reached near to gate of SDM Court after meeting the SDM, Ramniwas Mahla son of Hakam Ram, resident of Chaeeya and three other persons reached there and Ramniwas Mahla threatened his father that as he opposes Mahendra Punia and wants to contest election for Member of Legislative Assembly from Nohar Constituency, he will teach him a lesson and started firing on his father with a pistol; his father ran towards the Chamber of an Advocate - Balram Kaswan and entered into it but the assailants continued with firing and when the complainant, Dharmpal and Raju Saini tried to rescue the deceased Harveer Singh, the assailants started firing on them. During that time, the father of the complainant got an opportunity and when he started running towards SDM Court, one companion of Ramniwas Mahla, by putting his lag into the way of his father, dropped him down on the ground and Ramniwas Mahla fired a gunshot on his head. The complainant and other persons raised alarm, then all the four assailants fled away in a vehicle bearing No.201.

(2.) It is alleged by the complainant in the complaint that his father was expecting to contest election for Member of Legislative Assembly from Nohar Constituency and for that purpose, he had planned to organize a rally on 30.09.2018 at Nohar Jat Dharmshala, however, to fail that rally and to restrain him from contesting the election, he was attacked at the behest of big leaders and on account of that he died in Hanumangarh Hospital during treatment. The complainant has asserted that he knows Ramniwas Mahla and can identify his three companions.

(3.) On receiving the aforesaid report, Police Station, Rawatsar registered FIR No.483 dated 24.09.2019 for the offences punishable under Sections 302, 307, 109, 120-B and 34 IPC read with Sections 27, 25 and 3 of the Arms Act, 1959 against Ramniwas Mahla and three unknown persons. After thorough investigation, the police filed charge-sheet against as many as 10 persons, however, the charge-sheet has been filed against the petitioner for the offence punishable under Sections 302/109 and 302/120-B IPC.