GAUMTI DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of instant revision petitioner under Section 482, Cr.P.C. petitioner has challenged the order of the Additional Sessions Judge No. 2, Sri Ganganagar, dated 29-6-2001 refusing to interfere with the order of the Chief Judicial Magistrate, Sri Ganganagar, dated 31st July, 2000 sum moning the petitioner to face trial along with other accused persons for offence under Section 324/34, I.P.C.

(2.) Briefly stated the facts of the case are that on 7-1-1999 one Mahaveer lodged a First Information Report at Police Station Sri Ganganagar stating inter alia that in the morning while he was standing outride the house of Shri Khetpal, his neighbour Kashi Ram and his three sons and nephew arrived armed with weapons. Kashi Ram was armed with a hockey stick and Rakesh with a gun, his nephew was having lathi in his hand, so also Ranjeet and Anil. Rakesh fired the gun hitting him. He sustained pallet injuries on his chest. Khetpal also sustained injuries on hand. It is further alleged that Kashi Ram's wife was exhorting her son Rakesh to fire at injured. It is further alleged that the Rakesh tried to fire another shot but he was not successful. On this information Police registered a case under Sections 307, 323, 147, 148 and 149, I.P.C. After investigation Police filed a charge-sheet against Rakesh and Kashi Ram for offences under Sections 307/34, 323/34 and 3/24 of the Arms Act. The investigation as against other persons was kept pending. The case was committed in the Court of Sessions Judge. The learned Judge of the view that the case is not triable by the Court of Sessions and as such remitted the matter under Section 228, Cr.P.C. to the Court of the Chief Judicial Magistrate to frame the charges against the Kashi Ram and Rakesh for offence under Section 324/24, I.P.C. and Section 3/25 of the Arms Act and try them in accordance with law.

(3.) During the trial after the statements of six witnesses were recorded, an application was filed on behalf of the complainant under Section 319, Cr.P.C. to add Vijay, Ranjeet and Smt. Gaumti-petitioner (herein) as a accused and tried them for offence under Section 324/34, I.P.C. The learned Magistrate in view of the statement of PW-3 Khetpal granted the application under Section 319, Cr.P.C. as against only the petitioner Smt. Gaumti (herein). The matter was carried in revision unsuccessfully.