VIJENDRA KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The legality, correctness and propriety of the order dtd. 26/5/2023 passed by the learned Additional Sessions Judge, Makrana in Sessions Case No.13/2022 has been challenged by the accused Vijendra Kumar whereby learned Judge has passed an order framing charges for the offence under Ss. 302, 307, 109 and 120B of the IPC against him.

(2.) Briefly stated the facts of the case are that the accused-petitioner and some other persons were charge sheeted for hatching conspiracy and in furtherance thereof committing murder of deceased Sanjay Dudi.

(3.) The matter has been thoroughly investigated on several aspects of the matter. Besides the circumstantial evidence, the statement of Dinesh kumar S/o Madnanram Prajapat recorded under Sec. 161 of the Cr.P.C. by the police are thereon record clearly making allegations against the petitioner regarding his involvement in commission of murder of the deceased. Prima facie, clear allegations of murder and active participation of the petitioner has been stated by the prosecution witnesses. At the time of hearing on the point of charge, a mini trial is not supposed to be conducted nor the meticulous appreciation of evidence is required. From the perusal of the material collected by the investigating agency, prima facie, it is appearing that the petitioner was involved in the crime and for which he should be forced to face the trial. The standard of proof at this stage is much lesser than to the final stage where appreciation is required to make in a significant different manner.