MUNNA ALIAS MUNNA KHAN Vs. STATE

JUDGEMENT

(1.) BY this petition the petitioner Munna has assailed order dated 25th May, 2010 passed by learned ASJ whereby the learned ASJ directed for framing of charges against all the accused under Section 364A IPC, 302 IPC read with Section 120-B IPC.

(2.) EVIDENCE suggests that the victim was ravished and raped before murder, so, charge under Section 377(g) IPC was also framed against accused Shaukat @ Mushir and Mohsin @ Vicky. The contention of petitioner Munna @ Munna Khan is that there was no evidence to show his involvement either in kidnapping or murder and he was wrongly charged by the Trial Court.

(3.) THE contention of the counsel for the petitioner is that the petitioner had been falsely roped in only because he was a friend of main accused and had accompanied the accused and the deceased at the time of their marriage. THE plea is that the deceased was in love with accused Mohsin @ Vicky for the last many years and they both were interested to marry but their parents were opposing the marriage. Both were major and ultimately left house on 14th October, 2009 and got married at Ajmer on 15th October, 2009. No ransom call was made, as alleged, demanding ` 5.00 lakh and it was a concocted story.