Nisha Gupta, J. - (1.) This revision petition has been filed against the order dated 30.6.2010 passed by the learned Additional Sessions Judge, Rajgarh, District Churu whereby the petitioner has been charged for the offence under Section 302 Indian Penal Code or in the alternative for the offence under Section 302 read with Section 34 Indian Penal Code.
(2.) The short fact of the case are that on the statement of deceased Sohanlal, F.I.R. No. 131/2007 was registered under Sections 279 and 337, in which the deceased stated that an accident occurred on 4.7.2007 at 6.00 P.M. During the course of treatment, Sohanlal died and after investigation the police filed charge-sheet under Sections 279, 337 and 304-A I.P.C . and under the Motor Vehicles Act. The learned Judicial Magistrate, while disagreeing with the investigation report, and relying on the statements of Lichhma Devi wife of the deceased and Jetha Ram son of the deceased, took cognizance under Section 302 read with Section 34 Indian Penal Code and committed the case to the Court of Additional Sessions Judge, Rajgarh and the concerned Court has charged the present petitioners for the above offences. Hence, this revision petition.
(3.) Heard learned counsel for the parties and perused the record of the case.;