H.R.PANWAR, J. - (1.) BY the instant criminal misc. petition under Section 482 Cr.P.C, the petitioners seek quashing of FIR No. 123/2005 Police Station, Khedapa, district Jodhpur.
(2.) I have heard learned counsel for the petitioner and pubic prosecutor as also the counsel appearing for the non-petitioner No. 2 complainant. I have carefully gone through the first information report. The allegation against petitioner No. 1 Ram Prasad Pancharia, who is said to be the Sarpanch of Gram Panchayat Berai, is that he being not a competent person to issue death certificate in respect of Mohan Ram @ Ramu Ram, b/c Bhil, and therefore, it is alleged that he has forged a document which was used in favour of petitioner No. 2 Gopi Kishan Pancharia who is brother of petitioner No. 1.
(3.) IN para 5 of the first information report, the complainant non-petitioner No. 2 himself has stated that village sarpanch is not competent to issue death certificate, however, it is the Gram Sevak who is competent to issue the death certificate in view of sub-clause (1) of Rule 2 of Rajasthan Birth and Death Registration Rules, 2000. A death certificate which was issued by Gram Sevak- cum-Officiating Secretary of the village in respect of Mohan Ram @ Ramu Ram, is on record as Annex. 3, wherein the date of death of Mohan Ram @ Ramu Ram has been shown as 10.4.2005 which has been registered in the Register maintained for the purpose at serial No. 19 on 25.4.2005. In the death certificate issued by petitioner No. 1, he has only verified that Mohan Ram @ Ramu Ram has died on 10.4.2005 and his death has been registered in the Register at serial No. 19 and date of registration is 25.4.2005. The death certificate issued by petitioner No. 1 is nothing but copy of the original death certificate issued by Gram Sevak. It is not in dispute that Mohan Ram @ Ramu Ram has died on that particular date.;