CHETRAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - This criminal misc. petition u/s.482 Crimial P.C. has been filed against the order dated 29.06.2012 passed by Additional Sessions Judge No.2, Deeg, District Bharatpur in Sessions Case No. 86/2011, by which the application filed by the complainant respondent No.2 u/s.311 Crimial P.C. for summoning five prosecution witnesses for their examination afresh has been allowed.

(2.) Brief facts of the case are that complainant Babu Lal submitted a written report on 01.06.2011, which was registered as FIR for the offence u/s. 302/34 IPC. It was mentioned in the aforesaid report that while he was attending the engagement of son of one Bhikko, his brother namely Ballo came to him. At the same time, the petitioners were armed with fire arms and the accused petitioner No.I fired a gun shot at his brother, as a result of which he sustained fire arm injury on his stomach. Thereafter, he was taken to the Hospital, where he died.

(3.) After concluding the investigation, the police filed a charge sheet against the accused petitioners for the offence u/s. 302 readwith section 34 Penal Code aiid 3/25 of Arms Act.