LUDDHAK RAM CHANDRAVANSHI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since common question of law and fact is involved in these two petitions, they have been heard together and are being disposed of by this common order.

(2.) Three petitioners - Luddhak Ram Chandravanshi, Jogiram and Sukhwantin Bai have been charge-sheeted by the jurisdictional police for commission of offence under Sections 120B, 302 read with Section 34 and 194 read with Section 34 of the IPC. The allegation is that the petitioners have tied the hands and legs of deceased Jageshiya Bai and administered poison to her and thereby caused her death. Luddhak Ram Chandravanshi has filed criminal revision against the order framing charge whereas, all the petitioners have filed writ petition for directing for further investigation. It is admitted position on record that all the prosecution witnesses have been examined and statements of the accused under Section 313 of the CrPC have also been recorded and now, pursuant to the interim order granted by this Court, argument has not been heard and it is awaiting the outcome of this batch of petitions.

(3.) Mr. Rajat Agrawal and Mr. Abhishek Chandravanshi, learned counsel appearing for the petitioners, submits that it is a case where the deceased made dying declaration in presence of Dr. Aavesh Bagde (PW- 7) examined before the trial Court and in presence of Smt. Anamika (PW- 6) - Staff Nurse, but that was not considered deliberately to implicate the present petitioners, therefore, it requires further investigation. They would further submit that in para 4 of her evidence, Smt. Anamika (PW-6) has refuted the fact of dying declaration.