P.K.LOHRA,J. - (1.) Petitioners have submitted this revision petition under Section 397 read with Section 401 Cr.P.C., 1973 to challenge order dated 23rd of October 2017, passed by Addl. Sessions Judge No. 2, Nagaur (for short, 'learned trial Court'), framing charges against them under Section 148, 149, 302, 201 IPC.
(2.) The facts apposite for the purpose of this petition are that second-respondent complainant filed a criminal complaint against petitioners on 1st of November 2011, which was forwarded under sub-section (3) of Section 156 Cr.P.C., 1973 and thereupon FIR No. 68/2011 was registered at Police Station Surpaliya, District Nagaur. The complaint unfurled that on 6th of September 2011 when Heera Ram, uncle of the complainant, was coming to his village Baseri and reached there, he had hot altercations with Lalu Ram. It further transpired from the complaint that the altercations infuriated Lalu Ram, who telephonically informed his family members and thereupon Lalu Ram, Ashu Ram, Mohan Ram etc. duly armed with lathis and Kassis started assaulting Heera Ram. Attempts made by Heera Ram to escape were foiled by all of them and further following him they caught hold of him at a distance of 3 km when he was sitting with Surja Ram. To his good fortune, Heera Ram again escaped and reached his field but there also he was encircled by all the accused persons to give him severe beatings. Hearing his screams, complainant and his grandmother reached the spot and asked accused persons to desist from their act of assault but all the requests went in vain and the accused persons threatened them not to intervene else they would also have the same fate. The complaint further revealed that indiscriminate beating given to Heera Ram eventually led to his death. The complainant specifically alleged in the complaint that at the scene of occurrence community members gathered and pressurized them to cremate body of Heera Ram and warned them not to register any case else they too would be exposed to dire consequences. In the complaint, it is also stated that complainant's uncle then reached the village at 6 PM and thereafter due to pressure of community members and accused persons agreed to sort out the dispute by paying Rupees five Lacs to deceased Heera Ram's family for their livelihood. Out of the agreed amount of Rs. 5 Lacs, a sum of Rs. 1,70,000 was paid by the accused persons but later on all of them resiled from their commitment and therefore he is lodging this complaint.
(3.) Pursuant to FIR, investigation commenced and on its conclusion Lalu Ram and the petitioners were charge-sheeted for the aforesaid offences.;