BHIM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the petitioner as well as learned Public Prosecutor appearing on behalf of Respondent No. 1-State and learned counsel for Respondents No. 2 to 7-accused and perused the impugned order dated 25.07.2012 and all the relevant documents placed on record.

(2.) THIS revision petition under Section 397 read with Section 401 Cr.P.C. has been filed against the order dated 25.07.2012 passed by learned Additional Sessions Judge, Gangapur City(hereinafter referred to as 'the Trial Court') in Sessions Case No. 57/2011, whereby the accused-Respondents No. 2 to 7 have been discharged from the offence under Section 307 IPC and case has been remanded under Section 228 Cr.P.C. for framing charges under Sections 147, 341, 323, 325 read with Section 149 IPC.

(3.) LEARNED counsel for the accused-Respondents No. 2 to 7 supported the order and submitted that the same is just and proper and contended that no case under Section 307 IPC is made out in this case. He has placed reliance upon the decisions rendered in the cases of Ajay Kumar And Ors. Vs. State, 2002 WLC(Raj.) UC, 782; Ramoutar @ Outar and Ors. Vs. State and Anr., 2003 WLC(Raj.) UC, 725; Neelam Bahal and Anr. Vs. State of Uttrakhand, 2010 Cr.L.R.(SC) 158; Ram Kumar and Ors. Vs. The State of Rajasthan and Anr., 1998 Cr.L.R.(Raj.) 381.