SANJEEV Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2002-4-87
HIGH COURT OF RAJASTHAN
Decided on April 12,2002

SANJEEV Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

KHEM CHAND SHARMA, J. - (1.) THESE two revision petitions under section 397 read with Section 401 Cr.P.C. arise out of the orders dated 13.3.2002 passed by the learned Additional Sessions Judge (Fast Track Court), Jhunjhunu, thereby framing charges against the petitioners for offence under Sections 120B, 147, 364 of 364/149, 302 or 302/149 and 325 or 325/149 IPC
(2.) TO understand the controversy, it would be appropriate to have a brief resume of the facts, which are stated herebelow: On 29.1,2000, complainant Sunil Kumar submitted a written report to the Superintendent of Police alleging therein that Birbal Singh was contesting panchayat election and was a candidate for Ward No. 23 of Panchayat Samiti, Jhunjhunu. His main rival was one Harphool Singh, who used to threaten to kill Birbal Singh. On 29.1.2000 at about 12.30 PM, Harphool Singh alongwith his associates came to village Bhimsar in three Jeeps and forcibly took away Birbal Singh with them in a Jeep. Some persons chased the accused. The accused persons stopped their Jeeps in Harijans Basti, outside village Bhimsar. The accused took out Birbal Singh and started severely belabouring him with fists and legs, in the presence of witnesses. Ultimately, the accused caused death of Birbal Singh. On this report, a case No. 15/2000 for offence under Sections 147, 149, 365 and 302 IPC was registered.
(3.) THE investigating agency completed investigation and submitted a charge sheet against as many as 15 persons. On 2.7.2001, the learned trial court framed charges against 15 accused persons for offence under Section 120B, 147, 364, 364/149, 302 or 302/149 and 325 or 325/149.;


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