OMPRAKASH Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) - The present revision petition has been filed on behalf of the petitioner (complainant) challenging the order dated 25.11.2011 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Merta in Sessions Case No.23/2008 arising out of FIR No.161/2007, registered at Police Station Degana at the instance of petitioner complainant. The grievance which has been raised is with regard to non framing of the charges for the offences under Sections 302 and 120-B Penal Code against the accused respondents Nos.2 and 3.

(2.) Briefly stated the facts necessary for the disposal of this revision petition are that the petitioner complainant filed a complaint in the concerned court, which was sent to the police for investigation under Sec. 156(3) Crimial P.C. The allegations as per the FIR were that Rameshwari Devi was married to Sheodan, the elder brother of the petitioner. It is alleged that Kailash and Rameshwari Devi, the accused respondents Nos.2 and 3 respectively developed illicit relationship and after hatching a conspiracy, they administered poison to Sheodan in his meal on 19.08.2007. Resultantly, Sheodan was admitted in the hospital where he passed away on 20.08.2007. A complaint with these allegations filed by the petitioner was sent to the police for investigation, whereupon, the police registered a case being FIR No.161/2007 and on the conclusion of the investigation, filed a charge-sheet against the accused respondents Kailash and Rameshwari Devi for the offences under Sections 306 and 497 IPC.

(3.) The counsel for the petitioner complainant argued before the learned trial court that charges deserved to be framed against the accused respondents for the offences under Sections 302 and 120-B Penal Code but the learned trial Judge by the impugned order rejected the said prayer, on which, the instant revision petition has been filed for framing charges against the accused respondents for the offences under Sections 302 and 120-B IPC.