Brijendra Singh & Ors vs State Of Rajasthan

The appellants herein, three in number, have been summoned by the Court of Special Judge, SC/ST Act, which is in seisin of the trial in respect of FIR No. 53 of 2000, wherein charges for offences under Sections 147, 148, 149, 323, 448, 302/149 of Indian Penal Code (IPC) as well as under Sections 3 and 3(2)(V) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act) have been framed. The appellants were not arraigned as accused in the chargesheet. The charges were framed against those who were accused in the chargesheet and prosecution evidence is being recorded. The appellants are summoned as additional accused persons under Section 319 of Code of Criminal Procedure, 1973 (Cr.P.C.) to face the trial along with other accused persons. The trial court has passed the Order dated 06.10.2015 on an application filed by the complainant Harkesh Meena under Section 319 of Cr.P.C. This order was challenged by the appellants before the High Court. However, the High Court has dismissed the revision petition preferred by the appellants on 11.01.2016.

Factual details pertaining to the FIR and registration of case against other persons as well as filing of the application by the complainant under Section 319 of Cr.P.C. and the orders therein are as under:

His uncle was sleeping in front of the house and Lakhpat was sleeping under Neem tree. As soon as he came into the thatch, Pratap Singh inflicted lathi blow on him from behind which hit on his back. The complainant ran into the house of Bharatlal. Brijendra Singh inflicted sabbal at the head of his uncle Nathu who was sleeping at that time and Pratap hit his uncle with axe above the ear. Thereafter, all these accused persons started inflicting lathi sticks. Lakhpat tried to run in order to rescue himself. These persons gave beating to him as well, with lathi sticks. When the complainant’s elder brother went to rescue them, these accused persons gave lathi sticks blow to him as well. In the meantime, their wives, wives of their sons had also come. Rishi, son of Ramu Brahmin of Talabka and Bhanu, nephew of Jagdish Singh of Jaipur were also along with them. Because of the beating by the accused persons, complainant’s uncle Nathu died on the spot. Thereafter, accused persons fled away. The incident was witnessed by a number of villagers. In the FIR, the appellants were also named as accused persons.

FIR was registered and the matter was investigated by the Investigating Officer (IO). During the investigation, the appellants were also interrogated. They had stated that they are residing at Jaipur and at the time of incident, they were in Jaipur. Thus, plea of alibi was taken by these persons. Appellant No.1 and 2 are in police service and at relevant time they were posted at Jaipur. Appellant No.2 Jagdish has lost his leg while on traffic police duty. Appellant No.3 Bhanu is the appellant’s sister’s son and claimed that he was also at Jaipur. The police after investigation and considering the evidence with regard to the alibi of the appellants Brijendra, Jagdish (who lost his leg while discharging traffic police duty) and Bhanu, did not find any sufficient and reliable evidence against the appellants and, therefore, did not file any challan against them and kept the investigation pending under Section 178(3) Cr.P.C. When the trial court by its Order dated 06.09.2000, without any challan being submitted by the police, directed cognizance of the matter, the appellants filed the S.B. Criminal Revision No. 505/2000 before the High Court and the High Court vide its Order dated 16.04.2009 allowed the Revision and set aside the Order dated 06.09.2000 of the trial court. The High Court, however, made it clear that the said Order dated 16.04.2009 shall be without prejudice to the powers of the Sessions Court to add any person in the array of accused under Section 319 Cr.P.C.

Though, at the time of filing of the Challan, the police kept investigation pending, subsequently it came to the conclusion that the appellants were not involved and the final report of closure of the case against the appellants was filed. The trial court framed charges against the aforesaid three accused persons and the trial proceeded, though it has been delayed abnormally as more than 15 years have been passed. Be that as it may, the prosecution examined 23 witnesses including PW-1 Bharat Lal, PW-2 Kamla, PW- 3 Lakhpat, PW-4 Harkesh and PW-5 Amritlal sometime in the year 2009. On 26.03.2014 i.e. after five years of examination of the aforesaid witnesses, complainant filed application under Section 319 of Cr.P.C. It is this application which has been allowed by the Special Judge and the said order has been affirmed by the High Court.

As a consequence, this appeal is allowed setting aside the order of summoning the appellants under Section 319 Cr.P.C.

APRIL 27, 2017