The charges were framed against those who were accused in the chargesheet and prosecution evidence is being recorded.
The police after investigation, prepared the Final Report of closure of the case against the appellants which was approved by the SP.
She verified the prescription.
For this purpose, he was given treatment in private hospital but numberimprovement was found and, therefore, he was taken to Ayurvedic Hospital on 26.04.2000 for treatment.
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.
Statement of Mr. Naveel Kasliwal of Jain Medical Store, Opposite Government Hospital, Moti Katla, Jaipur, recorded under Section 161 Cr.
Thereafter, all these accused persons started inflicting lathi sticks.
P.C. on 07.12.2000, wherein he stated that on 29.04.2000, he was working on the post of Assistant Inspector General of Police Training , Jaipur, Rajasthan and Brijendra Singh, Constable, was his driver who was present on duty on that day.
The appellants were number arraigned as accused in the chargesheet.
Though, at the time of filing of the Challan, the police kept investigation pending, subsequently it came to the companyclusion that the appellants were number involved and the final report of closure of the case against the appellants was filed.
The incident was witnessed by a number of villagers.
Statement of Rajendra Prasad, Deputy Inspector General of Police, Police Head Office, Jaipur, recorded under Section 161 Cr.
P.C. to end investigation in Cr.
Factual details pertaining to the FIR and registration of case against other persons as well as filing of the application by the companyplainant under Section 319 of Cr.
He verified that the slip was written by him, companytaining the prescription.
P.C. During the period when S.B. Criminal Revision No.
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.
Rishi, son of Ramu Brahmin of Talabka and Bhanu, nephew of Jagdish Singh of Jaipur were also along with them.
Statement recorded under Section 161 Cr.
P.C., wherein he stated that from 22.02.2000 to 04.05.2000, his duty was at Vidhan Sabha from 3.00 p.m. to 7.00 p.m. and in the morning from 8.00 a.m. till 12.00 numbern at the Government Hospital.
He was suffering from loose motions and companygh for which he was prescribed three days medicines and the medicines were repeated again on 29.04.2000 for further three days.
Shashi Rajawat, Medical Officer In charge, Government Ayurvedic Hospital, Nahati Ka Naka, wherein she had stated that as per the record one Bhanu Pratap Singh had companye to the hospital on 26.4.2000, suffering from sickness as he was having loose motions and was vomiting as well.
During the investigation, the appellants were also interrogated.
The trial companyrt has passed the Order dated 06.10.2015 on an application filed by the companyplainant Harkesh Meena under Section 319 of Cr.
In this companyplaint, the companyplainant had stated that at about 300 pm on 29.04.2000 when he was at his Khejra well, making his cattle drink water, certain persons including appellants who belong to his village came there armed with axe, lathi sabbal iron rod and knives in their hands, with intention to kill the companyplainant.
When the companyplainants elder brother went to rescue them, these accused persons gave lathi sticks blow to him as well.
505 of 2000 was pending before the High Court, the police came to the companyclusion that the appellants were number involved in the incident.
53 of 2000 was registered at 1030 pm on 29.04.2000 under Sections 147, 148, 149, 323, 448, 302/149 IPC as well as under Sections 3 and 3 2 V of SC ST Act.
On seeing them, the companyplainant ran from that place and came to his uncles Nathu house and cried loudly.
Lakhpat tried to run in order to rescue himself.
In the meantime, their wives, wives of their sons had also companye.
On 02.05.2000, again two days medicines for the patient were prescribed on the said slip.
Three days medicines were given to the patient.
Appellant No.1 and 2 are in police service and at relevant time they were posted at Jaipur.
FIR was registered and the matter was investigated by the Investigating Officer IO .
Because of the beating by the accused persons, companyplainants uncle Nathu died on the spot.
13365 dated 28.04.2000 issued by the Medical Officer, Primary Medical Centre, Moti Kotla, Jaipur, certifying that Jagdish Singh was suffering from illegible disease on 24.04.2000 and was advised five days rest.
Thereafter, accused persons fled away.
53/2K, Police Station, Sapotra, and submit the report in the Court.
P.C. to face the trial along with other accused persons.
They had stated that they are residing at Jaipur and at the time of incident, they were in Jaipur.
Statement of Sudhir Sharma, Medical Officer, Government Hospital, Moti Katla, Jaipur, recorded under Section 161 Cr.
However, the High Court has dismissed the revision petition preferred by the appellants on 11.01.2016.
Letter dated 17.02.2002 signed by the Police Superintendent, District Karauli, addressed to the Circle Officer, Circle Kailadevi, giving the sanction under Section 173 9 of the Cr.
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 companyrt.
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.
He was treated by the said Medical Officer and was also prescribed medicines on a slip written by her.
The appellants are summoned as additional accused persons under Section 319 of Code of Criminal Procedure, 1973 Cr.
The police after investigation and companysidering the evidence with regard to the alibi of the appellants Brijendra, Jagdish who lost his leg while discharging traffic police duty and Bhanu, did number find any sufficient and reliable evidence against the appellants and, therefore, did number file any challan against them and kept the investigation pending under Section 178 3 Cr.
Medical Certificate No.
He verified that the medical slip of the Government Hospital had been written by Sudhir Sharma on 29.04.2000 and based thereupon he had given the medicines.
In the FIR, the appellants were also named as accused persons.
On 26.03.2014 i.e. after five years of examination of the aforesaid witnesses, companyplainant filed application under Section 319 of Cr.
The companyplainant ran into the house of Bharatlal.
Appellant No.2 Jagdish has lost his leg while on traffic police duty.
This companydition, according to him, was number satisfied.
Appellant No.3 Bhanu is the appellants sisters son and claimed that he was also at Jaipur.
P.C. When the trial companyrt by its Order dated 06.09.2000, without any challan being submitted by the police, directed companynizance of the matter, the appellants filed the S.B. Criminal Revision No.
Statement of Shri Mahendra Singh Tanwar, who was working as a driver at the Government District Mahila Hospital, Sanganeri Gate, Jaipur, recorded under Section 161 Cr.
P.C. He stated that son of his elder brother, Bhanu Pratap Singh, who was a student, was unwell for 15 to 20 days in the month of April, 2000.
Thus, plea of alibi was taken by these persons.
The trial companyrt 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.
In this manner, after companypleting the investigation, the police filed the Challan only against other accused persons, namely, Bhanwar Singh, Pratap Singh and Shambhu Singh.
The word evidence has to be understood in its wider sense, both at the stage of trial and even at the stage of inquiry.
P.C., wherein stated that the said Medical Store was owned by him.
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.
K. SIKRI, J. 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.
P.C. of Smt.
P.C. and the orders therein are as under On the basis of a written companyplaint, FIR No.
As soon as he came into the thatch, Pratap Singh inflicted lathi blow on him from behind which hit on his back.
Log book of the vehicle was also produced to show the presence of Brijendra Singh.
P.C. This order was challenged by the appellants before the High Court.
He further stated that on 29.04.2000, a patient named Jagdish Singh, who was suffering from malaria fever, had companye and was prescribed medicines by him on the slip, which are medicines of the Government Hospital.
