VIJAY KUMAR AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present revision has been filed by the petitioners, who are facing trial in the Court of learned Addl. Sessions Judge, Parbatsar and against the order dated 8.6.1999, whereby charges were framed against the accused for the offence under Sections 302/34 and 498A I.P.C. Assailing the order _ impugned, the learned counsel for the petitioners has submitted that the prosecution has come out with the case that deceased Nirmala was poisoned to death by the accused persons but the report of the Forensic Science Laboratory, which was received, did not reveal presence of the poison in the viscera. Counsel for the petitioner has placed reliance on the judgment in the case of Bhagirath & Ors. Vs. State, 1999 Cr LR (Raj.) 105 .

(2.) I have given my thoughtful consideration to the arguments raised on behalf of the petitioners and order impugned. It appears that the learned trial Judge has not even referred to the effect of the FSL report being negative.

(3.) Accordingly, the revision petition is allowed. The order impugned framing charges against the petitioners is set aside and matter is remanded back to the trial Judge to decide afresh after considering the effect of the FSL report of the viscera of the deceased being found negative for the presence of poison. Record of the lower Court he sent back immediately.