- (1.)This revision petition has been filed by the complainant Ram Chandra against an order dated 4-10-2002, whereby, an application under Sec. 319 of the Cr. P. C. for impleading one Mangi Lal as an accused, was dismissed by the learned Additional Sessions Judge (Fast Tract), Nagaur.
(2.)The facts of the matter, in brief, are that according to the prosecution story, PW-10 Ram Chandra Jat resident of Village 'Bodwa' on 16-6-2001 at 1.00 p.m. lodged a written FIR Ex. P/13 before the Superintendent of Police, Nagaur. According to the F.I.R., the said Ramchandra along with his uncle Mangla Ram (deceased) was going on a two wheeler from their village 'Bodwa' to 'Dhadhalia'. Khurd. When they proceeded some 10 Kms. ahead from Kuchera, a Motor Cycle came from behind and the principal accused Ram Vilas alias Ram Kailash fired from a country made pistol and Mangla Ram received a solitary injury on account of that. According to the report, Mangi Lal son of Sagram r/o Village Kuchera was driving the motor cycle and Ram Kailash with a pistol, was the pillion rider. According to the report, he as well as Mangla Ram recognised both of them. Soon a jeep came, which was stopped by Ram Chandra and injured Mangla Ram was transferred to the jeep and was taken to the hospital at Kuchera. The doctor provided the first-aid and referred the patient to Nagaur. Thereafter, the injured was taken to the hospital at Nagaur, from where, he was referred to Jodhpur. The report in original was forwarded to the police station. Kuchera and the said Ram Chandra along with a Constable reached the police station, Kuchera at 3.35 p.m. and produced the report, on which, a case under Sec. 307/34 of the I.P.C. and Sec. 3/25 of the Arms Act was registered. The dying declaration of Mangla Ram (Ex. P/20) was recorded on 16-6-2001 at 9.37 p.m. in the Emergency Ward of Mahatma Gandhi Hospital, Jodhpur by the learned Additional Chief Judicial Magistrate, C.B.I. Cases, Jodhpur. Mangla Ram stated that at about 10.00 a.m. while he was going with Ram Chandra on a motor cycle, Ram Vilas (alias Ram Kailash) fired at him from a country made pistol and in this way, he was injured. He specifically stated that the assailant was riding the motor cycle as a pillion rider and driver of the motor cycle could not be recognised. He further stated that one or two persons were eye-witnesses of the incident who were sitting near the place of occurrence. Mangla Ram could not be saved and died during treatment on 22-6-2001. From the investigation, it came out that instead of Mangi Lal, the driver of the motor cycle was Durga Ram and the assailant Ram Kailash was sitting behind him. According to the prosecution story, Ghewar Ram had an enmity with the deceased on account of 'Panchayat Elections' and there was a conspiracy hatched by Ghewar Ram, Ram Kailash, and Durga Ram, as a result of which, the incident took place.
(3.)Consequently, a challan under Secs. 302 and 120-B of the I.P.C. and Sec. 3/25-27 of the Arms Act was filed against Ram Kailash Ghewar Ram was challaned for the offence punishable under Sec. 302/34 read with Sec. 120-B of the I.P.C. Durga Ram could not be apprehended and challan for the offences under Sec. 302/34 read with Sec. 120-B of the I.P.C. was filed against him in his absence under Sec. 299 of the Cr. P. C.