ROOPI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition has been filed by the accused petitioners, against the order dated November 20, 2008 of Additional Sessions Judge (Fast Track) No. 3 Bharatpur Camp Bayana in Criminal Case No. 115 of 2008 whereby charge under Sections 325, 307, 148, 323 and 341 1PC was framed against the accused petitioners Roopi and Rustam and charge under Sections 325/149, 307/149, 148, 323 and 341 was framed against accused petitioners Gillhari, Sunder, Nihal Singh, Rajendra, Timan Singh and Smt. Dhoopi.

(2.) BRIEF facts of the case are that on July 8, 2007 in the night about 11 P.M. accused petitioners came at the residence of complainant visharnbhar Dayal and gave abuses. Roopi gave Farsa blow on the head of Devi Singh. Rustam gave lathi blow over left eye of Devi Singh. Ramesh Chand came to rescue him he was also given Farsa blow by Roopi. Rustam gave lathi blow on account of which Ramesh suffered fracture on his hand. Accused petitioners taken away Golden chain of 2 Tolas. The police after investigation filed charge sheet under Sections 147, 148, 149, 323, 341, 325 and 307 IPC against the accused petitioners in the Court of Additional Chief Judicial Magistrate Bayana where from the case was committed to the Court of Sessions. The Additional Sessions Judge (Fast Track) No. 3 Bharatpur Camp Bayana vide order dated November 20, 2008 framed charge under Sections 325, 307, 148, 323 and 341 IPC against the accused petitioner Roopi and Rustam and charge under Sections 325/149, 307/149, 148, 323 and 341 was framed against accused petitioners Gillhari, Sunder, Nihal Singh, Rajendra, Timan Singh and Smt. Dhoopi. Aggrieved against the order of framing charge present revision petition has been filed.

(3.) MR . Sanjay Mehrishi, learned Counsel for the accused petitioners contended that the order framing charge against the accused petitioners is bad in the eye of law, against the material and evidence available on record.