MUKESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner has filed this revision petition under Sections 397 Code of Criminal Procedure, 1973 (hereinafter referred as Cr.P.C.) read with Section 401 Cr.P.C. challenging the order dated 09.11.2016, whereby charge was framed against him under Section 302/120-B IPC.

(2.) Learned counsel for the petitioner has submitted that the present case relates to murder of Sarpanch-Ramavtar . Case rests on eye-witness account. Tarachand had also suffered fire arm injuries in the occurrence. As per the eye-witness account, accused Surendra Neetharwal and Surendera Mehla @ Pintu had come to the house of the deceased and had fired a shot at him. Tarachand had come to rescue Ramavtar and he also suffered fire arm injuries. Learned counsel has submitted that the complainant has not levelled any allegation against the petitioner in her statement under Section 161 Cr.P.C. or during trial. However, petitioner has been falsely involved in this case. As per the prosecution story, complainant has not spelled out any motive available with the petitioner to have connived with his co-accused with regard to the offence in question.

(3.) Learned State Counsel and learned counsel for the respondent have opposed the petition.