RAJENDRA SINGH @ KAKU AND ORS. Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2016-6-128
HIGH COURT OF RAJASTHAN
Decided on June 28,2016

Rajendra Singh @ Kaku And Ors. Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

P.K.LOHRA,J. - (1.) At the threshold, this criminal revision petition was filed by five accused-petitioners challenging the impugned judgment dated 06.09.2003 passed by Additional Sessions Judge, Sri Karanpur, District Sri Ganganagar (for short, 'learned appellate Court') but during pendency of revision petition, petitioner No.4- Brashbhan Singh and petitioner No.5-Pappu @ Ashok Kumar expired. Taking note of this fact, the Court was pleased to abate revision petition qua these two incumbents by order dated 30.10.2014.
(2.) Succinctly stated the facts of the case are that on the basis of Parchabayan of complainant-Darshan Singh (P.W.1), when he was admitted in Government Hospital, Keshrisinghpur, FIR (Ex.P-17) was registered on 19.01.1988. In the FIR, specific roles were attributed to the accused-petitioners for giving beatings to complainant-Darshan Singh and his other family members, namely, Rugibai, Charni and Babusingh. In the FIR, the allegation against the accused-petitioners indicated that all of them well armed with gandasies, kasias, soward and lathies came to complainant's residence on the fateful day when his family members were at the residence. It is further reveals that accused-petitioners abused him and also gave serious beatings to him by using gandasies, kasias, lathies and soward besides other family members. In terms of FIR, complainant, Darshan Singh and Babu Singh suffered serious injuries on their vital parts and others suffered simple injuries.
(3.) After investigation, charge-sheet was submitted against the accused-petitioners under sections 307, 326, 325, 324, 323, 148, 149 IPC on 24.02.1988 before Judicial Magistrate, Sri Karanpur (for short, 'learned trial Court'). In view of the fact that offence under Section 307 I.P.C. was also attributed to the accused-petitioners, learned trial Court committed the case to Additional Sessions Judge No.1, Sri Ganganagar Camp, Sri Karanpur. Before Additional Sessions Judge No.1, Sri Ganganagar Camp, Sri Karanpur, charge under Section 307 I.P.C. was dropped against the accused-petitioners by order dated 20.04.1989 and the matter was remitted back to the learned trial Court for trial qua the other offences.;


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