RAMKARAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant/accused has preferred this criminal revision under Sec. 397 read with Sec. 401 of Cr.P.C. 1973 challenging the order dtd. 30/10/2021 by which the charges under Ss. 302 and 201 of IPC have been framed against the petitioner.

(2.) In short the prosecution story is that on 15/07/2021 at about 02:00 p.m., son of deceased Mahendra lodged a Dehati marg intimation that till evening 07.00 p.m. of 14//07/2021, his father Devsing Jatav was at home and, thereafter, his father had gone for some work, but whole night his father did not return at home. On 15/07/2021 Ashish S/o Dayaram informed that his father was lying dead near the field of Ramdayal. Thereafter, he alongwith his uncle Ramkaran(present applicant) reached at the spot and saw that the neck of his father was tied by safi and blood was coming from the nose. The slippers of his father was also missing.

(3.) On the basis of the aforesaid marg intimation 0/2021, police Biaora City inquired the matter and registered FIR at Crime No.427/2021 for offences under Sec. 302 of IPC and arrested the applicant on 23/07/2021. On the basis of memorandum recorded u/s 27 of the Evidence Act, the police recovered one pair of red colour slipper from the open field near the incident spot. After completing the investigation, the police filed charge-sheet under Ss. 302 and 201 of IPC before the learned trial court and framed charges against the present applicant for the above-mentioned charges.