ASHOK KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant revision has been preferred by the petitioner complainant challenging the order dated 28.9.2012 passed by the learned Addl. Sessions Judge, Shahpura whereby the trial Court has discharged the respondents accused from the offence under Section 302 I.P.C.

(2.) Counsel for the petitioner complainant submits that there was specific allegation of the prosecution that the accused assaulted the deceased Dinesh by various weapons and thereby caused him a large number of injuries which resulted into his death. Learned counsel for the petitioner submits that the deceased was caused a fatal head injury and a large number of other injuries on different parts of his body. He submits that the injuries were sufficient to cause death and despite that the learned trial Judge without assigning any reason discharged the accused from the offence under Section 302 I.P.C. despite the fact that a charge sheet had been filed against the accused for the said offence. Learned counsel thus prays that the order whereby the accused have been discharged from the offence under Section 302 I.P.C. deserves to be quashed and the learned trial Judge be directed to frame the appropriate charge against the accused.

(3.) Learned counsel for the respondents is not in a position to dispute the fact that the learned trial Judge has not assigned any reason for discharging the accused from the offence under Section 302 I.P.C. for which a charge sheet was filed by the police.