VIJAY BISHNOI,J. - (1.) This criminal misc. petition under Section 482 Cr.P.C., 1973 has been filed on behalf of the petitioner with a prayer for quashing of FIR No. 82/2018 of Police Station Khanda Falsa, Distt. Jodhpur for the offences punishable under Sections 302 and 302/34 IPC, qua him.
(2.) The impugned FIR has been lodged at the instance of the respondent No. 2 on 17.6.2018 wherein, he has alleged that on 16.6.2018 at about 5:30 PM, he was going to deliver food tiffin to his father from Ghodon-ka-Chowk, then, at about 6:00 PM, when 2. he reached at Siwanchi Gate, then, his younger brother Hukam Ram and brother-in-law Ramdayal met him and after talking about five minutes with them when he proceeded towards his house to deliver food tiffin to his father, then, his younger brother and brother-in-law also accompanied him. It is alleged by the complainant that at about 6:30 PM, when he reached at his house, then he saw that his son Sagar and Sikandar son of Sita Ram were quarreling and throwing stones at each other. It is further alleged by the complainant that when his father asked them to stop fight then suddenly Sagar threw a big stone which smashed on the head of his father, as a result of which, his father fell down. At this, he along with his younger brother and brother-in-law immediately approached and took care of his father. In between, Sagar and Sikandar ran away from there. It is further alleged by the complainant that he, his younger brother, brother-in-law and neighbours took his father to the MG Hospital, Jodhpur from where, he was shifted to MDM Hospital, Jodhpur and during the course of treatment, his father died in between 11:30 to 12:00 PM. It is specifically mentioned by the respondent No. 2 in the report that his son Sagar is a habitual offender and several criminal cases are pending against him.
(3.) During the course of investigation, the police have recorded statements of seven witnesses, who witnessed the incident, namely Ram Dayal son of Tulsi Ram, Hukam Raj son of Bhagwan Das, Matadeen son of Chima Ram, Nathu Ram son of Madan Lal, Smt. Santosh wife of Nathu Ram, Ms. Kavita daughter of Ram Dayal and the complainant Dhanraj son of Bhagwan Das. All these witnesses have clearly stated in their statements that the fatal blow on the head of the deceased Bhagwan Das was inflicted by 3. Sagar son of Dhanraj. None of the witnesses has stated that petitioner Sikandar inflicted any injury on the deceased. Learned counsel for the petitioner has submitted that though there is no iota of evidence available on record to suggest that petitioner Sikandar is in any way responsible for the death of deceased Bhagwan Das but the police is bent upon to file chargesheet against him for the offence punishable under Section 304 IPC.;