- (1.) This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioners against the order dated 28.01.2015 passed by the Additional Sessions Judge, Jaitaran, District Pali (hereinafter referred to as 'the trial court') in Sessions Case No.43/2015 whereby the application filed by the petitioners for conducting test identification in the presence of Magistrate has been dismissed.
(2.) Brief facts of the case are that on 25.8.2014, respondent No.2 Ajeet Singh submitted a written report to the S.H.O., Police Station Raas, District Pali while contending that he is Manager of Future Men Power Private Limited, which provides armed guards to the establishments for their security. It is contended that from 5.8.2014, the company of the complainant is engaged in security arrangement of Ambuja Cement Establishment at Rabariyawas and in all 27 security guards of the company are engaged. It is alleged that on 25.8.2014 at about 1:00 A.M., when eight security guards were on duty, then suddenly V.P. Singh Rajput, Ajit Singh Rajput, Gopal Singh Rajput, Gajender Singh Rajput, all resident of Rabariyawas along with several other persons armed with lathies and iron rods entered into transport area yard and attacked the guards, who were on duty in the factory premises. It is alleged that one of the security guards viz. Avdesh Singh received grievous injuries on his head and face etc. and other guards also received serious injuries. It is contended that all the injured persons were referred to Beawar and Ajmer Hospitals for treatment, however, injured Avdhesh Singh Chauhan died during the course of treatment. It is alleged that all the accused persons snatched rifle and 12 bore gun along with cartridges from the security guards. It is contended that on receiving the information from the employees, the complainant reached the spot and transported the injured persons to the hospital.
(3.) On receiving the written complaint from the Manager Ajeet Singh, the Police has registered the FIR No.146/2013 for the offences punishable under Sections 143, 302, 307, 341, 323 and 395 I.P.C. and started investigation. During the course of investigation, statements of the witnesses were recorded by the police under Section 161 Cr.P.C. and the accused petitioners along with other accused persons were arrested. The police after investigation, filed charge sheet against the petitioners for the offences punishable under Sections 147, 148, 447, 341, 323, 325, 307, 302, 396, 397/149 I.P.C. and 3/25 Arms Act.;