ASHOK KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition has been preferred by the petitioner against the order dated 14 -12 -1987, passed by the learned Additional Sessions Judge, Sikar, whereby he directed that the charge he framed under Section 302 read with Sections 147, 148 and 149 of the IPC.

(2.) THE allegations against the present petitioner is that be forewarned the deceased while he was going that some people are sitting near the 'Garh' and there is likely -hood that he may be murdered. The words used are as under -'AAJ TERI KHER NAI HAI, GADH KE PAAS AADMI BAITHE HAI' There is a reference in the dying declaration about the warning given by the petitioner. It is an admitted position that the name of the petitioner does not find place in the FIR and he was not present on the spot. There is no allegation against the petitioner that he has participated in the commission of crime. In any way, giving of the forewarning to the deceased that some people are sitting nearby 'Gadh' and he is likely to he killed is indicative of the fact that the object of the petitioner was not to commit murder or to cause any injury to the deceased.

(3.) IN the result, the petition is accepted and the order passed by the learned Additional Sessions Judge, dated 14 -12 -1987, relating to the framing of the charge against the petitioner is set -aside. The petitioner is discharged.