JALAWAR SINGH & ORS Vs. STATE OF RAJASTHAN & ORS
LAWS(RAJ)-2015-1-359
HIGH COURT OF RAJASTHAN
Decided on January 16,2015

Jalawar Singh And Ors Appellant
VERSUS
State Of Rajasthan And Ors Respondents

JUDGEMENT

- (1.) THIS criminal misc. petition under section 482 CrPC has been filed by the petitioners against the order dated 10.12.2014 passed by Additional Sessions Judge No.1, Hanumangarh (for short 'the trial court' hereinafter) in Sessions Case No.58/2011, whereby the trial court has refused to attest the compromise for the offences punishable under sections 147, 148, 307/149, 326/149, 324/149 and 382/149 IPC on the ground that all these offences are not compoundable.
(2.) BRIEF facts of the case are that on 10.10.2004, complainant -Major Singh submitted an oral report to the Police Station, Tibbi, District Hanumangarh to the effect that an agricultural land of his mother -in -law Prasani Kaur widow of Thana Singh is situated in Chak No.79RW and he cultivates the said land. He alleged that sons of brother -in -law of Prasani Kaur want to grab the said land.
(3.) ON the same day at about 7:00 A.M., the complainant along with his mother -in -law Prasani Kaur and her nephew - Shamsher Singh, brother Chud Singh and her servant Harnam Singh as well as the complainant's wife Jasvinder Kaur went to field with combine for harvesting the crop. At about 9:00 A.M., Jalor Singh, Amar Singh @ Kapa, Major Singh, Iqbal Singh, Harvinder Singh, Iqbal Singh son of Amar Singh, Singara Singh and ten other unknown persons armed with Gandasis, Kapey and Lathis, came to their filed; Jalor Singh assaulted Harnam Singh by Gandasa on his head, left hand and on other parts of his body and all the assailants were warning that if somebody would poke his nose, they would kill him, and they broke the doors of the Kotha situated in the field. They took away the tractor trolley bearing No. RRC -4074 of the complainant party, in which, grains weighing 55 quintal were loaded. They also took some other items. The complainant has also stated that he got the injured Harnam Singh admitted in the Government Hospital, Tibbi. On the aforesaid complaint, the Station House Officer of Police Station, Tibbi registered the FIR No.273/2004 for the offences punishable under section 382, 447, 427, 323, 147, 148, 149 IPC. The police, has started investigation into the allegations levelled in the FIR and after investigation, filed the charge -sheet before the competent court for the offences punishable under sections 307, 326, 382, 447, 427, 323, 324, 147, 148, 149 IPC.;


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