BALVEER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant revision petition under Section 397/401 Cr. P.C. is directed against the order of the Additional Sessions Judge (Fast Track), Sri Ganganagar framing charge against the petitioners namely Balveer Singh, Surendra Singh, Mahendra Singh and Jaswant Singh for offence under Sections 302, 302/34, I.P.C.

(2.) The necessary facts giving rise to the instant petition are that on 12-6-2002 one Mehar Chand lodged a First Information Report at Police Station, Kotwali Sri Ganganagar stating inter alia that his daughter Shakuntla was married to accused Mahendra Singh about 6 years back. There was a dispute between husband and wife which led to Court proceedings. On 11-6- 2002 his deceased son Ramesh went to the house of Mahendra Singh petitioner herein at about 4.30 a.m. with a view to bring settlement. It is alleged that at about 6.15 a.m. when he reached to the house of the accused, the other accused persons namely Balveer Singh, Surendra Singh and Jaswant Singh abused him. They refused to settle his sister in their house accusing her to be a lady of bad character. While the oral altercation was still going on Jagdish and Krishan left the place. They had hardly moved 2-4 steps, heard cries of deceased Ramesh uttering "tr&r fem, it* fail" On this information police registered a case for offence under Section 302/34 I.P.C. and proceeded with investigation. After investigation police filed a charge-sheet against the accused petitioners for offence under Section 306 I.P.C. The case was committed to the Court of Sessions Judge. The learned Additional Sessions Judge by the impugned order dated 22-11 -2002 held that there was no material to frame charge against the petitioners for offence under Section 306 I.P.C. However, the learned Judge on the basis of material on record framed charge against the petitioners for offence under Section 302 and in alternate 302/34 I.P.C.

(3.) It is contended by the learned counsel that there is no evidence worth the name to even prima facie conclude that the deceased Ramesh was being murdered by the petitioners. On the other hand the learned Public Prosecutor supported the order of the trial Court.