Vijay Bishnoi, J. - (1.) This criminal misc. petition under Sec. 482 Cr.P.C. has been filed by the petitioners being aggrieved with the order dated 20.01.2016 passed by Sessions Judge, Merta District Nagaur (for short 'the appellate court' hereinafter) in Cr. Appeal No. 67/203, whereby the appeal filed by the petitioners against the order dated 20.07.2013 passed by Nyayadhikari, Gram Nyayalaya, Jayal, District Nagaur (for short 'the trial court' hereinafter) in Cr. Original Case No. 73/2012, has been dismissed.
(2.) The trial court vide order dated 20.07.2013 has ordered for taking cognizance against the petitioners for the offences punishable under Ss. 147, 447, 323/149 IPC while allowing an application filed on behalf of the respondent No. 2 under Sec. 319 Cr.P.C.
(3.) Brief facts, necessary for disposal of this petition, are that one Bala Ram filed a written report to the Station House Officer, Police Station, Roal, District Nagaur on 23.04.2012 at 8:40 P.M. alleging therein that today at about 2:00 P.M. when he was cultivating his field situated at village Somna, Tehsil Jayal, District Nagaur and Likhma Ram son of Puna Ram and his wife Santosh were working in the adjacent field, suddenly Purkha Ram son of Narayan Ram, Manakram son of Narayan Ram, Ramniwas son of Narayan Ram, Jena Ram son of Narayan Ram all residents of Somna and Rajendra son of Bhagirath Ram, Bhagirath son of Anda Ram, residents of Bugarda, Rameshwari wife of Ramniwas, Parma Devi wife of Purkha Ram, Munni wife of Andaram, residents of Somna armed with lathis and katari entered into the field of Likhma Ram and attacked Likhma Ram and his wife with the intention to kill them. The complainant further stated that he and Bhanwar Lal tried to rescue them but all the accused -persons caught hold of him and then Bhanwar Lal fled away towards the village, then all the accused -persons ran away from the scene of crime. It is also alleged in the complaint that Bhanrwar Lal received injuries and accused -persons have attacked Likhma Ram because of the previous enmity. It is also alleged in the complaint that the agricultural field of his father was sold through a registered sale deed in the name of Rameshwari wife of Ramniwas and to cancel the said registered sale deed, he filed a suit in the Court of Additional District Judge, Nagaur, in which Likhma Ram is heldping him and one another suit has also been filed in the Court of Assistant Collector, Jayal, in which also, Likhma Ram is helping him and, therefore, all the accused -persons had assaulted Likhma with the intention to kill him. It is further stated in the complaint that as the condition of Likhma Ram is serious, he is admitted in Nagaur Hospital and in both the cases, temporary injunction in his favour is passed by the court.;