KHANGAR & ORS. Vs. STATE OF RAJASHTAN

JUDGEMENT

(1.) The present revision petition has been filed on behalf of petitioners challenging the order dated 18.08.1994 passed by learned Sessions Judge, Jalore in Sessions Case No. 48/1992 whereby charges have been framed against the petitioners for offences under Sec. 302 read with Sec. 34 I.P.C.

(2.) Learned counsel for the petitioner submits that in this case, the petitioners and the deceased were admittedly consuming liquor together and thereafter, the deceased expired. On the basis of the first postmortem report, the proceedings under Sec. 174 Crimial P.C. were initiated and, as per the postmortem report some bruises were found on the body of the deceased, but they were not responsible for the death of the deceased Pancha Ram. He submits that after the first postmortem, the father of the deceased raised suspicion about the death of his son on the basis of which it was directed that second post mortem should be done but again, it was found that the injuries on the person of the deceased were caused of his death.

(3.) It is further submitted that on the viscera of the deceased on being sent for chemical examination the presence of liquor has been found from the viscera and the Doctor has given specific opinion that the cause of the death of the deceased is probably of excessive consumption -of liquor. Thus it is prayed that the charge framed against the petitioner under Sec. 302 Crimial P.C. cannot be sustained.