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2023 DIGILAW 1389 (RAJ)

Madan Singh S/o Sh. Ran Singh v. State Of Rajasthan

2023-07-18

FARJAND ALI

body2023
JUDGMENT : 1. By way of filing the instant Criminal Appeal, challenge has been made to the order framing charge dated 15.11.2018 passed by the learned District & Sessions Judge, Jaisalmer in Sessions Case No.47/2016, whereby learned trial Judge directed to frame charges against the appellants for the offences under Sections 148, 341, 323, 364, 365, 367, 379, 307 r.w. Section 149 of the IPC & Sections 3(1)(i)(iii)2(v) of the SC/ST (Prevention of Atrocities). 2. Facts in nutshell are that on 11.07.2015, complainant Aaduram submitted a written report to the SHO, Police Station Ramgarh stating therein at about 2:00 p.m. when his brother Babu Ram along with Chandan Singh were proceeding towards Ramgarh on motorcycle, then a white bolero camper, in which 1015 people were sitting therein came there and stopped their motorcycle upon which Chandan Singh tried to intervene them but they pushed him and abducted Baburam. Assailants took his brother at an unknown place and gave beatings to him by iron rod, wooden sticks and by sharp weapons resulting which he received injuries on his hands, head, face, broken his legs, he was forced to drink urine and abused. Thereafter, they left his brother near the bridge which was 10 kms. away from Ramgarh and his mobile was also taken by them. It was further stated in the report that the assailants committed the said act because his brother who is a RTI worker and has initiated proceedings against them. On the basis of above, FIR No.77/2015 for the above offences was registered at the Police Station Ramgarh, District Jaisalmer. Thereafter, investigation commenced and injured Babu Ram was examined, 10 injuries were found to be caused by blunt weapons. His both legs and right forearm were found fractured. Dr. R.S. Duggar, who examined the injured opined that injuries caused to the injured Babu Lal were sufficient to cause death in ordinary course of nature, if the same were not treated in time. 3. After investigation, prima facie offences under Sections 148, 341, 323, 364, 365, 367, 379, 307 r.w. Section 149 of the IPC & Sections 3(1)(i)(iii)2(v) of the SC/ST (Prevention of Atrocities). were found proved against the accused from the evidence collected by the agency and charge sheet for the above-mentioned offences came to be submitted before the Court concerned. 3. After investigation, prima facie offences under Sections 148, 341, 323, 364, 365, 367, 379, 307 r.w. Section 149 of the IPC & Sections 3(1)(i)(iii)2(v) of the SC/ST (Prevention of Atrocities). were found proved against the accused from the evidence collected by the agency and charge sheet for the above-mentioned offences came to be submitted before the Court concerned. Thereafter, after taking cognizance of the offences, the learned Sessions Judge heard the parties on the issue of framing of charges. It seems that due weightage was given to the accused and their submissions were considered by the trial Judge and thus, while assuming it to be a fit case for trial, the learned trial Court directed to frame charges against the appellants vide order dated 15.11.2018, which is under assail before this Court. 4. Heard learned counsel for the appellants as well as learned Public Prosecutor for the State and learned counsel for the respondent-complainant. Perused the order impugned and the entire record of the case. 5. After hearing counsel for the parties and perusing the record, this Court is of the firm opinion that the learned trial Judge has prudently appreciated the legal and factual aspects of the matter and then formed an opinion that there are reasonable grounds to presume that the accused committed the offences as alleged and therefore, they are required to be tried. There is sufficient direct/ indirect evidence for levelling allegation of beating by the accused, as a necessary consequence of which, the injured Babu Ram received injuries which were caused by blunt weapon and grievous in nature were sufficient to cause death, if not treated in time. 6. The statement of Dr. R.S. Duggar is on record besides treatment record and medical report of Babu Ram. It is well nigh settled that at the stage of hearing on the point of charge, meticulous appreciation of evidence is not required to be done and it is to be seen whether a prima facie case exists so as to presume that the accused have committed the offence. 7. After going through the material available on record and perusing the order impugned, this Court is of the firm opinion that ample evidence is available on record on the basis of which, the learned trial Judge has rightly formed an opinion regarding framing of charge in which no interference is called for by this Court. 7. After going through the material available on record and perusing the order impugned, this Court is of the firm opinion that ample evidence is available on record on the basis of which, the learned trial Judge has rightly formed an opinion regarding framing of charge in which no interference is called for by this Court. Since no illegality, impropriety or incorrectness has been pointed out by the appellants in the order impugned, therefore, the appeal deserves to be dismissed. 8. Accordingly, the criminal appeal having no force is hereby dismissed. The stay petition and all pending applications, if any, stand disposed of. 9. Record be sent back forthwith with the direction to the learned trial Court to expedite the trial.