SHANKAR LALA AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal revision petition under Sec. 397/401 of the Criminal Procedure Code, 1973 (for short 'the Code' hereinafter) is directed against the order dated 10.9.2004 passed by Special Judge, SC & ST (Prevention of Atrocities) Act Cases, Pratapgarh (for short 'the Trial Court' hereinafter) in Sessions Case No. 73 of 2004 whereby the Trial Court framed the charge against the petitioners for the offence under Sec. 306 IPC. Aggrieved by the order framing charge, the petitioners have filed the instant revision petition.

(2.) I have heard learned counsel for the parties. Perused the order impugned and the record of the Trial Court.

(3.) The facts giving rise to the instant revision petition are that on 4.9.2003, Smt. Sannu Bai, wife of deceased Puranmal lodged a first information report at Police Station, Chhoti Sadri alleging therein that at 9.00 A.M., her husband was not at home; petitioners came to her and asked as to where her husband has gone, she told them that he must be in village; thereafter they went back. After some time when her husband came, she informed him that certain persons of the village came and were enquiring about him. Her husband informed her that two days prior while he was going to fetch water on a cycle, the jerrycan, which was hanging on the cycle, dashed to Rekha daughter of Babulal. By the time, those persons again came and sat outside her house, she also sat outside the house, however, her husband remained inside the house. At about 1.00 RM., those persons went away. She alongwith her sister - in-law was sitting outside the house. However, she heard sound of vomiting of her husband, they went inside the house and asked him as to what happened to him, he did not reply, however, on being searched, some sulfas tablets were found in the pocket of his pant. Thereafter, neighbour Sundar Lal was called on; her husband was taken to hospital at Chhoti Sadri. On reaching hospital, they came to know that her husband has died.