MOHAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Challenge in the criminal revision petition filed by the accused petitioner under Sec. 397 read with Sec. 401 Cr.P.C. has been made to the order dtd. 6/2/2021 passed by the Court of Additional Session Judge No. 2 Jhunjhunu (for short "the trial court") whereby the trial court framed charge against the accused petitioner for the offence under Sec. 302 IPC.

(2.) Counsel for the accused petitioner submitted that none of the witnesses examined during the course of investigation have admitted they had seen the accused petitioner hitting deceased with an iron rod. Counsel further submitted that the witnesses in their testimony have admitted that the deceased used to consume liquor as he was a habitual drinker. Therefore the possibility of death of deceased was might have sustained injury while falling in an intoxicated condition.

(3.) In support of his submissions counsel for the accused petitioner has placed reliance upon following judgments delivered in the cases of Pradeep Kumar Vs. State of Bihar reported in (2007) 7 SCC 413 and in Dilawere Balui Kurane Vs. State of Maharashtra reported in (2002) 2 SCC 135 wherein it has been held that at the stage of charge, the court should not summarily frame the charge and he has to shift and weigh the evidence for limited purpose of finding out whether a prima facie case is made out against the accused petitioner or not.