VICHITTAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant revision petition has been preferred by the petitioner Vichittar Singh for assailing the order dated 23.7.2019 passed by the learned Additional Sessions Judge, Raisinghnagar, District Sri Ganganagar in Sessions Case No. 9/2015, whereby the learned Trial Court framed charges against the petitioner for the offences under Sections 302 I.P.C. and 134/187 of the M.V. Act.

(2.) Learned Counsel for the petitioner Mr. H.S.S. Kharlia, assisted by Mr. Digvijay Singh, vehemently and fervently urged that there is no material available on record of the case to show that the act of the accused was intentional and a case of accident pure and simple has been given the colour of murder by the interested and partisan prosecution witnesses. He further submitted that the police filed a charge-sheet against the petitioner for the offences under Sections 304-A and 279 I.P.C. only and thus, there was no cause for the Trial Court to frame charge against the petitioner for the offence under Section 302 I.P.C. He, thus, implored the Court to accept the revision and quash the charge framed against the petitioner under Section 302 I.P.C. and 134/187 of the M.V. Act.

(3.) Per contra, Mr. Farzand Ali, learned G.A.-cum-A.A.G., vehemently and fervently opposed the submissions advanced by the learned Counsel for the petitioner and urged that numerous witnesses examined during investigation stated that the accused intentionally drove his tractor over Prithvi Singh, thereby killing him instantly at the spot. He, thus, urged that the Trial Court was absolutely justified in framing charge against the petitioner as above. On these grounds, he sought dismissal of the revision.