HARJIRAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an application under sec. 482, Cr. P. C. , by Harji Ram, Bhanwarsingh, Mansharam and Kirtaram against the order of the learned Sessions Judge, Churu, dated 5-10-1978 whereby process was ordered to be issued against the applicants in the case committed by the Chief Judicial Magistrate, Churu, for trial to the court of Sessions.

(2.) IN order to appreciate the controversy in the present application, it would be proper to take notice of some material facts. The prosecution case is, that there was enmity between the complainant party and the accused party in connection with the land dispute. The complainant Bhinwaram along with his brother's wife Gaura and two sons Jetharam and Jagguram were living in their ; field and for some time past his brother Gyanaram, Gumanaram and Gyana-ram's wife Mst. Shanti were also living there. It is said that the accused persons armed with weapons, entered into the field of the complainant on the night interwening 16-6-78 and 17-6-78 and assaulted Gumanaram, Gyanaram, Gaura, Mst. Shanti and Jetharam. Gumanaram received 21 injuries out of which two were grievous with sharp adged weapon; Gyanaram had 14 injuries, Mst. Gaura 22, Mst. Shanti 8 and Jetharam 14. These injuries were caused with blunt objects. A report of the occurrance was lodged at the police station, Sandwa, District Churu at 5. 00, a. m. , on 17-6-78 by one Bhinwaram Meghwal as a result of which F. I. R. No. 24 was registered for the commission of offences under secs. 147, 148, 149, 447, 325, 323 and 379 I. P. C. The police after completion of the investigation presented a charge-sheet against twelve accused persons for the offences under secs. 307, 326, 147, 148 and 149, I. P. C. The Chief Judicial Magistrate then committed the case to the Court of Sessions for trial vide his order dated 16-8-78.

(3.) THE main question which arises for consideration in the present application is as to whether the learned Sessions Judge could take cognizance against the applicants on the basis of the record of the case and documents submitted by the police after investigation and whether he could order issue of process against the applicants ? In order to decide this question it is essential to look into the relevant provisions of the New Code of Criminal Procedure and for facility of reference they are re-produced below : - "193. Cognizance of offences by Courts of Sessions. Except as otherwise expressly provided by this Code or by any other law for the time being in force, no Court of Sessions shall take cognizance of any offence as a Court of original jurisdiction unless the case has been committed to it by a Magistrate under this Code. '" "209. Commitment of case to Court of Session when offence is triable exclusively by it. When in a case instituted on a police report or otherwise, the accused appears or is brought before the Magistrate and it appears to the Magistrate that the offence is triable exclusively by the Court of Sessions, he shall - (a) commit the case to the Court of Sessions. " "227. Discharge. If, upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution in this behalf, the Judge considers that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing. " "228. Framing of charge. (1) If, after such consideration and hearing as aforesaid, the Judge is of opinion that there is ground for presuming that the accused has committed an offence which - (a ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) is exclusively triable by the Court, he shall frame in writing a charge against the accused. " "319. Power to proceed against other persons appearing to be guilty of offence. (1) Where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has committed any offence for which such person could be tried together with the accused, the Court may proceed against such person for the offence which he appears to have committed. (2) Where such person is not attending the Court, he may be arrested or summoned, as the circumstances of the case may require, for the purpose aforesaid. (3) Any person attending the Court, although not under arrest or upon a summons, may be detained by such Court for the purpose of the enquiry into or trial of, the offence which he appears to have committed. (4) Where the Court proceeds against any person under sub-sec. (1), then - (a) the proceedings in respect of such person shall be commenced afresh, and the witnesses re-heard; (b) subject to the provisions of clause (a), the case may proceed as if such person had been an accused person when the Court took cognizance of the offence upon which the inquiry or trial was commenced. "