PURAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant revision petition is preferred aggrieved from order dtd. 28/7/2023 in Sessions Case No.14/2022 passed by learned Additional Session Judge No.1, Bandikui, District Dausa, whereby learned Trial Court has framed charges under Sec. 147, 323, 323/149, 341, 341/149, 504, 304, 304/149 and alternatively under Ss. 302 and 302/149 I.P.C.

(2.) Learned counsel for the petitioners referred the order dtd. 5/1/2023 in S.B. Criminal Revision Petition No.1313/2022 passed by a Co-ordinate Bench of this Court and subsequent order dtd. 28/7/2023 passed by learned Trial Court to submit that there were no ingredients to frame charges under Ss. 302 or 302/149 I.P.C., but learned Trial Court after ignoring the order dtd. 5/1/2023 had proceeded to frame charges without any substance or material on record. He further referred the statement of witnesses and also PMR of deceased Teejo Devi to submit that no injuries were found on external or internal part of her body. He further referred FSL report to submit that the reasons assigned by medical board opined that sudden cardiac arrest was the major cause of death of the deceased. He further submitted that not a single iota of evidence was available on record to justify the charge.

(3.) Aforesaid contentions were opposed by learned Public Prosecutor as well as learned counsel for the complainant- respondent.