HIMANSHU MOORJANI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The revision petition under S. 397 read with S. 401, Cr. P.C. arises out of the order dated 3-8-2001 passed by the learned Special Judge (Sati Nivaran), Jaipur by which he has framed charge under S. 201, IPC against the accused petitioner.

(2.) Brief facts giving rise to this revision petition are summarised as follows : Hemant, the principal accused in Sessions Case No. 7/2001 had intimacy with Kumari Darshna, sister of deceased Jatin, but father of Ku. Darshana arranged her marriage else where. Hemant became annoyed when he came to know about the engagement of Darshna. On the day of incident i.e. 17-2-2001, Hemant along with his elder brother Himanshu, the petitioner before this Court, telephoned at the residence of Darshna and asked about Darshna and his brother, since deceased. Thereafter, Hemant called the deceased boy from the place where he was playing with one Umang Mathur and took the boy with him.

(3.) It has come in the statements of witnesses that at the time when Hemant telephoned and took the deceased boy with him, Hemant was wearing a black/dark blue coloured jacket. In the course of investigation, he disclosed that he handed over the jacket to his brother Himanshu and accordingly, on the information of Himanshu, the police recovered the said jacket in half burnt condition from his possession.