MOHD.YAMIN, J. - (1.) THIS is a petition under Section 482 Cr. P.C. in which it has been prayed that the order of learned Magistrate taking cognizance as well as proceedings against the petitioners be set aside.
(2.) I have heard the learned Counsel for the petitioners as well as learned Public Prosecutor and the counsel for the complainant. Briefly stated, Shri Ram Singh lodged an oral report at police station Rajgarh on 5.2.1998 that Bhanwar Singh was a driver on Roadways bus which stops in the night in his village. He used to live in the house of Mangtu Singh in the night. On the last Sakranti (14th January, 1998) Om Singh's wife Santaro and Jhabar Ram had some quarrel with Bhanwar Singh and, therefore, Bhanwar Singh became inimical to Jhabar Ram. During the night falling in between 4th and 5th February, 1998 at about 9.00 p.m. when complainant Ram Singh was in his house alongwith Bajrang Lal and Pema Ram, they heard some noise of quarrel from the house of Mangtu Singh. They went running and found that Bhanwar Singh was armed with a lathi and was giving beatings to Jhabar Ram on the street. Bhanwar Singh was threatened and these persons intervened and saved Jhabar Ram Bhanwar Singh then ran away towards the house of Mangtu Singh Jhabar Ram suffered injuries on his head and shoulders and was bleeding profusely. Jhabar Ram could not speak. Then he was taken to Rajgarh Hospital where he was admitted. Jhabar Ram succumbed to his injuries at 4.00 P.M.
(3.) ON the basis of this report, case under Section 302 IPC was registered at the police station, investigated and Bhanwar Singh was challaned. It is pertinent to say that Ram Singh filed a complaint No. 22/98 before the Magistrate against Girwar Singh, Gajendra Singh and Tara Chand and the learned Magistrate, after holding enquiry under Chapter XV of Cr. P.C. summoned the three petitioners vide order dated 2.6.1998 to face trial. They appeared and then the case was committed to the learned Sessions Judge.;