SABINA,J. - (1.) Petitioner has filed this petition under Section 397 read with section 401 Code of Criminal Procedure, 1973 challenging the order dated 02.03.2017 passed by Additional Sessions Judge No.2, Tizara, District Alwar whereby charges were ordered to be framed against the petitioner.
(2.) Learned counsel for the petitioner has submitted that petitioner has been falsely involved in this case. As per the interrogation note prepared with regard to interrogation of the petitioner, it had been stated by him that he had strangulated the deceased as some difference of opinion had occurred between them and thereafter he had set the deceased on fire. However, as per the post-mortem examination report, the deceased had not died on account of strangulation. Petitioner is not named in the FIR. There is no eye witness to the occurrence. Petitioner has been falsely involved in this case. In support of his arguments, learned counsel has placed reliance on the judgment of this Court in Arvind Kumar Jain v. State of Rajasthan 2015 WLC (Raj.) 735.
(3.) Learned State counsel on the other hand has opposed the petition.;