MAHESH GROVER,J - (1.) THE petitioners have impugned the order dated 8.5.2003 passed by the Addl. Sessions Judge, Bhiwani whereby they have been summoned pursuant to the provisions of Section 319 of the Code of Criminal Procedure to face trial in an offence under Section 302 IPC registered vide FIR No. 66 dated 1.4.2001.
(2.) ACCORDING to the FIR lodged at the behest of the complainant, the petitioners were not named. It was the categoric case of the complainant while recording the FIR that he entered the Baithak of Bhagirath from the rear door and saw the hands of Narain, his brother (since deceased) being caught hold of by Jagdish son of Ganesh Ram. Bhagirath was holding a Rapi stained with blood. Ganesha was also standing there. Narain was stained with blood. On seeing the complainant all the three persons ran away from there. It was noticed that blood was oozing out from the vein of the neck of Narain. On enquiry Narain disclosed that Bhagirath had given him Rapi blow whereas Ganesha and Jagdish caught hold of him. He further disclosed that Bhagirath, Ganesh and Jagdish had been demanding Rs. 10,000/- from him which he had taken as loan from Bhagirath for sale of a plot. Initially the police registered a case under Section 302/34 IPC against the aforestated accused persons, namely Bhagirath, Jagdish and Ganesha. Subsequently the matter was investigated by Shri Om Parkash, DSP, Loharu who came to the conclusion that in fact it was a case of suicide as the deceased was unable to pay the amount of Rs. 10,000/-, he had cut the vein of his neck with Rapi. The investigating agency found Jagdish to be innocent and the case was converted to a case under Section 306 IPC. Accused Bhagirath was sent to face a trial and a charge under Section 306 IPC was accordingly framed against him.
(3.) AT this stage it is relevant to note that said Bhagirah stands convicted under the provisions of Section 302 IPC.;