ARIF KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant criminal revision petition has been filed by the petitioner against the order dated 15.2.2018 passed by the learned Additional Sessions Judge, Deedwana, Distt. Nagaur in Sessions Case No. 13/2016 whereby, the Trial Court has framed charges against the petitioners for offences under Sections 302, 427,147, 323 in alternative 323/149 I.P.C.

(2.) Brief facts of the case are that on 8.12015, Abdul Rauf filed a written complaint before the Police Station, Ladnu stating therein that at about 9-9.30 P.M., he alongwith his uncle Mustkim Qureshi were going from house towards Railway Station. It is stated that Arif Khan was making a breaker in Gali No. 1. Some more people also gathered there. When people started removing the breaker, the petitioner took keys from the bike and while using abusive language, snatched the gold chain, gold bracelet and money. Thereafter, petitioner Arif Khan inflicted barchi blow on his uncle Mustkim's head due to which his uncle fell down. Someone inflicted lathi blow on the complainant also. Other accused persons who were 7-8 in number attacked his brother with barchi, swords, lathi and knives and ray away.

(3.) The police registered a case for the offence under Sections 307, 427, 382, 323, 143 I.P.C. Thereafter, challan was presented before the police. During the course of trial, Mustkim Qureshi expired and the Trial Court framed charges against the present petitioner for offences under Sections 302, 427, 147, 323 in alternate 323/149 I.P.C. Hence, this revision petition.