- (1.) HEARD learned counsel for the parties.
(2.) THE point involved in the present revision petition is, "whether the trial Court has jurisdiction to take cognizance under section 319, Cr. P. C. , against the persons, who have not been made accused in the charge-sheet, on the basis of materials contained in the charge-sheet and/or before adducing any prosecution evidence during trial of the case".
(3.) BRIEFLY, stated the facts of the case are that on 12-11-1995, the complainant ramniwas son of Lala Meena, lodged FIR at police Station, Lakheri, District Bundi against five accused-persons, namely; girraj, Ramswaroop, Pushp Chand, Shoji and Ratan Lal i. e. FIR No. 202/1995 under sections 147, 341 and 323, IPC. During ivestigation, the injured Ramniwas succumbed to the injuries and the offence was converted into the offence under Section 302, IPC. After completion of investigation of the case, the Police filed a charge-sheet against two accused-persons namely; Shoji alias Surajmal and Ramswaroop son of dhanna for the offence under Section 302/34, IPC. The case was committed to the court of Sessions Judge, which was transferred for trial to the Court of Additional district and Sessions Judge, Bundi.;