MAHENDRA JAT Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2020-2-113
HIGH COURT OF RAJASTHAN
Decided on February 10,2020

Mahendra Jat Appellant
VERSUS
STATE OF RAJASTHAN Respondents


Referred Judgements :-

BHAWNA BAI VS. GHANSHYAM AND ORS. [REFERRED TO]
SAJJAN KUMAR VS. CENTRAL BUREAU OF INVESTIGATION [REFERRED TO]
SHEORAJ SINGH AHLAWAT VS. STATE OF UTTAR PRADESH [REFERRED TO]
STATE OF RAJASTHAN VS. FATEHKARAN MEHDU [REFERRED TO]


JUDGEMENT

MANOJ KUMAR GARG,J. - (1.)nstant revision petition has been filed by the petitioners against the order dated 18.2.2019 passed by learned Additional Sessions Judge, Merta in Sessions Case No. 20/2018 whereby, the petitioners were discharged from the offence under Section 307 I.P.C. but framed charges against the petitioners for offences under Sections 147, 148, 149, 447, 325, 120B I.P.C.
(2.)Brief facts of the case are the complainant gave a parcha bayan to the police that on 29.3.2017 at about 1 PM, the complainant was loading crop wastage in the tractor trolley along with Trilok Ram who is son of owner of tractor. At that time, a white colour bolero vehicle came near the field from which two persons got down and asked about Sri Ram Mines. However, those persons used abusive language and one of them showed pistol and another person threw some chemical over complainant's eye and three other persons in the car got down and attacked with lathi, iron pipe and sword in their hands. On raising hue and cry, the wife of complainant and Birda Ram came upon which the accused persons went away while threatening them.
(3.)On the basis of aforesaid report, a FIR No. 58/2017 was registered at Gotan Police Station for offence under Sections 147, 148, 149, 447, 325, 307 I.P.C. and after completion of investigation, the police filed a challan agaisnt the petitioners for offence under Sections 147, 148, 149, 447, 325, 307, 120B I.P.C. and the case was committed to the Court of Additional Sessions Judge, Merta where charges were framed against the petitioners but the petitioners were discharged from the charge of offence under Section 307 I.P.C.


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