RAMESHWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has challenged the order of refusal of prayer under Sec. 227 Cr. P.C., and framing of charge under Ss. 302 and 341 IPC in Sessions Case No. 1/2023, arising out of FIR No. 441/2022 registered with Makrana Police Station, by the impugned order dtd. 16/12/2023.

(2.) The prosecution case as disclosed in FIR dtd. 13/10/2022 is that the informant got information from Bhura Ram that son of the informant, namely, Prakesh aged about 16 years was bitterly assaulted at 5.00 pm on 12/10/2022 by full brother of the informant, who is petitioner herein. The petitioner allegedly assaulted to Prakash from backside with a Spade, causing injury and when the victim was being carried to hospital, he died. During investigation statement of Bhura Ram was recorded under Sec. 161 Cr. P.C., wherein he stated that one Ramdev had informed to Bhura Ram about the incident and Bhura communicated it to the informant. Ramdev stated to the Police that he heard sound of cry from the house of deceased-Prakash and when he went there, he found Prakash lying on the ground. Prakash was taken to hospital, where he was declared dead. Kumari Sunita, sister of deceased, stated before the Police that she saw that petitioner-Rameshwar was abusing her brother-Prakash. Rameshwar brought a Rs.Favda' (Spade) and when Prakash was returning to his house, Rameshwar intercepted Prakash and assaulted him with the Spade near the neck from backside. When the Spade got detached from its handle, Rameshwar assaulted with the handle as well. In the meantime her mother and one Lichma came there. Madhu Devi, mother of deceased and Lichma W/o. Bhura Ram had stated that they had seen the petitioner fleeing from the place of incident after committing the incident. The doctor found lacerated wounds on left scapular region; lacerated wound on mid-occipital region; fracture of occpital bone was present and one swelling all over back of the neck & occipital region. All the injuries were ante-mortem in nature. The cause of death was coma due to head injury.

(3.) The aforesaid material was on the record when the impugned order was passed.