RAM VILAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) AGGRIEVED by the framing of charges under Sections 148, 149, 323, 325, 307 and 302 of the Indian Penal Code (hereinafter referred to as 'IPC') against the petitioners, this revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure (hereinafter referred to as 'CRPC') has been filed with the prayer that the orders dated 23.3.2010, 24.4.2010 and 1.5. 2010 passed by the learned Additional Sessions Judge (Fast Track) (No.1) Jaipur District, be set aside.

(2.) BRIEF facts are that FIR No.142/2009 under Sections 143, 232, 341, 451 and 379 IPC was registered at Police Station Bassi, Jaipur(R) on 23.3.2009 on the basis of statement of Hanuman Sahai Sharma to the effect that a day before the incident, there was some altercation with Banwari on account of his brother Radheyshyam facing the school wall, and this issue was raised by Radheyshyam in the evening with Banwari, Ramvilas, Kamlesh and Sanwalram, asking as to why did Banwari abuse him in the morning. In reaction thereto, they started beating him, who was rescued by Madho. After sometime, again Ramavtar, Babu Vinod, and Ramvilas came to his house along with 10-12 unknown persons in two vehicles and threatened to kill them all, and went back.

(3.) LEARNED counsel for the petitioners argued that the offence under Section 302 IPC cannot be said to have been made out for the death of deceased Ramkunvar because admittedly the incident is dated 23.3.2009. The deceased Ramkunvar, according to the prosecution case, was admitted in the SMS Hospital and was operated on 24.3.2009 and discharged on 29.3.2009 and then he died on 23.6.2009 i.e. about three months later. According to him, the incident of 23.3.2009 cannot be said to be causa causis for his death.