Kanwaljit Singh Ahluwalia, J. - (1.) RAM Niwas (P.W. 2) on 2.9.1996 at 10:30 PM submitted a written report (Exhibit -P. 4 ) before Hari Singh (P.W. 9), SHO Police Station Patan. In the said report he had named nine persons as accused, which included Sheo Narayan son of Jaila Ram, his three sons - Kishori alias Ram Kishore, Sarjeet and Jagdish, and two daughters -in -law, namely Lali wife of Jagdish, appellant, and Santosh wife of Kishori alias Ram Kishore. Besides these six persons, three sons of one Prahlad, namely Ram Singh, Sadhu Ram and Rameshwar were also named as accused.
(2.) INVESTIGATING Agency submitted charge -sheet only against Sheo Narayan and his three sons Kishori alias Ram Kishore, Sarjeet and Jagdish. Two ladies being daughters -in -law of Sheo Narayan, and three sons of Prahlad named above, were not sent for trial as they were found innocent by the Investigating Agency. An application was filed under Section 319 Cr.P.C. for summoning the accused not sent for trial as additional accused. Additional District & Sessions Judge (Fast Track) Sikar on 29.5.2003 had dismissed the application. A Single Judge of this court on 16.11.2005 had set aside the order passed by the Trial Court, and ordered that accused be summoned to stand trial. Matter went upto Hon'ble Supreme court. In case titled Ram Singh and Others v. Ram Niwas & Another. : (2009) 14 SCC 25, order passed by the High Court was set aside, and order passed by Additional District & Sessions Judge was upheld. Therefore, the proceedings against five persons not sent for the trial, stood dropped.
(3.) RELEVANT for our purposes, is the role assigned to Ram Singh qua whom application for summoning under Section 319 Cr.P.C. stood dismissed, and has attained finality upto Hon'ble Apex Court.;