JITENDRA JETHWANI AND ORS. Vs. STATE OF RAJASTHAN AND ANR.
LAWS(RAJ)-2012-5-340
HIGH COURT OF RAJASTHAN
Decided on May 04,2012

Jitendra Jethwani And Ors. Appellant
VERSUS
State Of Rajasthan And Anr. Respondents

JUDGEMENT

Nisha Gupta, J. - (1.) This revision petition has been filed against the order dated 30.6.2011 whereby charges have been framed against the present petitioner for the offences under Section 304B Indian Penal Code or alternatively under Section. 302 I.P.C.
(2.) During the course of arguments, learned counsel for the petitioner has submitted that his objection is only regarding charge under Section 302 I.P.C.
(3.) The contention of the present petition is that from the material evidence available on record, it is clear that it is a simple case of suicide and there was no intention on the part of the present petitioner to kill the deceased and hence the charge under Section 302 Indian Penal Code is not justifiable. The panchanama of the dead body and postmortem report also show that it was the death due to hanging. It is a suicidal death and charge under Section 302 Indian Penal Code could not be made out.;


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