BHERULAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The present revision petition has been filed against the order dtd. 27/8/2021 passed by the Additional Sessions Judge and Special Judge SC/ST Court, Pratapgarh in Sessions Case No.79/2016(10/2013), whereby, charge under Sec. 306 of the IPC has been framed against the present petitioners.

(3.) Briefly facts of the case are that on 7/10/2012, on an oral information given by the complainant- Smt. Lehri Bai, an F.I.R. was registered against the petitioners. It was mentioned that at around 03:00 P.M. her husband-Nanu Ram came to their agricultural field on motorcycle. After parking the motorcycle, when Nanu Ram came towards the agricultural field, Bheru and Kalu who are the immediate neighbours started assaulting her husband. The petitioners- Bheru and Kalu regularly indulged in altercations with Nanu Ram and assaults him. Her husband getting fed-up with the issue with the petitioners, told them that he would jump in the well and die. On this statement, the petitioners told her husband that if he wants to die tomorrow, die today. After this statement, the complainant's husband jumped into the well along with motorcycle, resulting into his death. After this the police filed charge-sheet and after taking cognizance, the learned trial Court has framed the charge of Sec. 306 of the I.P.C. against the present petitioners and hence this revision petition.