NATHU RAM S/O SHRI NARU RAM, ADDRESS: RESIDENT OF SARDARPURA, P.S. SOJAT CITY, DISTRICT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this criminal revision petition, the petitioner has challenged the order dated 16.11.2016 passed by the Additional Sessions Judge, Sojat (hereinafter referred to as 'the court below') in Sessions Case No.29/2016 (State v. Nathu Ram) , whereby the charges against the petitioner for the offence punishable under Sections 302 and 201 IPC have been framed.

(2.) Learned counsel for the petitioner while assailing the order dated 16.11.2016 has argued that the medical evidence falsifies the oral evidence. The Medical Officer opined that the cause of death of Smt. Dali alias Dimple wife of Nathuram could not be ascertained. As per Post Mortem Report, the Larynx and Tracheae are healthy. As per the prosecution case that the petitioner strangulated the deceased, is also falsified because Tracheae is not broken, therefore, the court below has grossly erred in framing charges against the petitioner for the offence punishable under Sections 302 I.P.C.

(3.) Learned Public Prosecutor has opposed the criminal revision petition and argued that the court below has rightly framed charges against the petitioner for the offence punishable under Sections 201 and 302 I.P.C., therefore, no interference is called for.