Prakash Tatia, J. - (1.) This revision petition has been preferred by complainant Suresh Kumar to challenge the judgment of the learned Addl. Sessions Judge, Bhadra, District Hanumangarh passed in Sessions Case No. 11/02 (37/2000), whereby the learned Addl. Sessions Judge, Bhadra acquitted the accused Man Singh, Ram Kumar and Bhal Singh from the charge for commission of offence under Sections 302/34, 449, 364 and 342, IPC and also acquitted the accused Sher Singh, Amar Chand, Ranveer and Surat Singh from the charge under Sections 147, 452 and 323, IPC by giving benefit of doubt.
(2.) Brief facts of the case are that on 26.9.1999 at 6 a.m., the complainant Suresh Kumar s/o Munshi Ram Jat resident of Ratanpur Tehsil Bhadra gave a written report to the SHO, Police Station, Bhadra stating therein that his father has enmity with Ram Kumar and Surat Singh etc. Yesterday on 25.9.1999, the complainant Suresh Kumar was working at Village Dabdi under contractor Subh Karan and, therefore, he remained at Village Dabdi in the night. In the early morning at 3 a.m., his brother-in-law (sister's husband) Dariya Singh of Village Sheodanpur came and told him that in the previous evening at about 6 p.m., Ram Kumar, Amar Chand, Man Chand, Surat Singh, Bhal Singh, Bhal Singh's son Ranveer and Sher Singh came with lathis in their hands in the house of complainant's father Munshi Ram and started beating him. They also took said Munshi Ram to the house of Ram Kumar. The complainant immediately, with his brother-in-law rushed to the Village Ratanpur and enquired form his mother about the incident. The complainant's mother told the complainant that all the three persons, named above, forcibly entered in the house of the complainant's father Munshi Ram and started beating him and thereafter dragged him to the house of Ram Kumar. Complainant's mother also told him that when she tried to save her husband, the father of the complainant, Ranveer Singh pushed complainant's mother and she fell down. The house of Ram Kumar was closed by them. This incident was heard by several persons and from village, Devi Lal, Hajari, Likhama, Sheo Chand, Surendra, Balwan, Ranwa etc. came on the spot. She also stated that accused-persons killed Munshi Ram. She also told that some accused persons Ram Kumar and Surat Singh etc. when satisfied that Munshi Ram had died, took him to the hospital and left him there. On this information given by the complainant Suresh Kumar, FIR No. 441/99 was registered under Sections 302, 365, 452, 342, 143 IPC. After investigation, the charge-sheet was submitted against the accused Ram Kumar, Man Singh and Bhal Singh under Sections 302, 364, 450 and 342/34, IPC. The case was committed to the court of Sessions, which was transferred to the court of Addl. Sessions Judge, Bhadra. The learned Addl. Sessions Judge, after hearing arguments on framing of charge, framed the charges against Man Singh, Ram Kumar and Bhal Singh under Sections 302/34, 449, 364 and 342 IPC.
(3.) After examination of the prosecution witnesses PW-1 Ram Lai Beniwal, PW-2 Suresh Kumar, PW-3 Sarbati, PW-4 Sheo Chand, PW-5 Likhma Ram, PW-6 Devi Lai, PW-7 Hajari and PW-8 Dariya Singh, the complainant submitted an application under Section 319, Cr.PC. Then by order dated 1.8.2003, cognizance was taken for committing offence under Sections 452, 323 and 147, IPC against accused Surat Singh, Amar Chand, Sher Singh and Ranveer and charges were framed against the above accused under above sections.;