TEJ SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both the petitions U/s. 482 Crimial P.C., though filed against the separate orders in separate criminal cases, involve common question of law, hence both the petitions are decided vide common order. S.B. Cr. Misc. Petition No. 1052/99. The brief facts giving rise to this petition are that the complainant Dev Karan filed a complaint against the accused petitioners in the Court of learned Chief Judicial Magistrate, Jhalawar on 16.11.1992 with the averments that in the intervening night of 1st and 2nd Oct., 1992, one Shri Onkar was murdered by some unknown persons and a case No. 85/92 was registered at Police Station Asnawar, District Jhalawar. The complainant was summoned at Police Station on 2.10.1992 and he was abused by S.H.O. Shri Tej Singh. Further, the S1-IO told him that he has to confess the said crime. On pleading ignorance by the complainant, he was badly beaten. Thereafter, on 8.10.1992, SHO, Tej Singh alongwith constables Mohan Lal, Shiv Raj Singh and Kishore Singh gave him beating and on account of injuries, he became unconscious and his left hand got two fractures. Some other facts have also been mentioned in the complaint. The learned Magistrate after conducting an enquiry U/s.200 and 202 Crimial P.C., took cognizance against the accused petitioners U/ss. 330, 331 and 342 Penal Code and Sec. 3 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 vide order dated 16.1.1993 and after appearance of the accused petitioners, the case was committed to the Special Judge (SCST Court), Jhalawar vide order dated 25.10.1994. This case was pending for arguments for framing the charges and in the meantime an application U/s.197 Crimial P.C. was filed on 18.5.1998 on behalf of the accused petitioners and this application was dismissed by the learned Judge vide order dated 12.8.1999. Hence this petition :

(2.) S.B. Cr.Misc. Petition No. 1203/98.

(3.) The brief facts are that the complainant Chaju Ram filed a complaint in the Court of learned Judicial Magistrate Rajgarh, District Alwar on 29.5.1985 against the accused petitioners Chandra Bhan SHO and Phool Chand Constable with the averments that at about 2.30 PM on 24.5.1985, Shri Chandra Bhan, SHO along with Phool Chand and other constables came to the well of the complainant and made an enquiry about the gun which was licensed one. The accused Chandra Bhan wanted to have this gun by force but on intervention of the villagers, Shri Chandra Bhan went away. On the next day at about 5.00 AM, both the accused petitioners alongwith other constables entered the house of the complainant with intent to give beating and they started beating the complainant's mother Ram Pyari and Aunt Smt. Mooli. Accused Phool Chand gave beating with lathi and accused Chandra Bhan kicked both of them on their breast. Shri Gangadhar tried to intervene but he was also beaten and the accused petitioner took away the brother of the complainant Ramgeevan Harikishan Gangadhar with them and they were allowed to come out of the Police Station on 27.5.1985. The injured persons were medically examined.