Mr. P.K. Lohra, J. - (1.) Accused-petitioners have preferred this revision petition under Section 397 read with Section 401 Cr.P.C. to challenge impugned order dated 23.05.2017 passed by District and Sessions Judge, Balotra (for short, 'learned trial Court') framing charge against them for offence punishable under Sections 302 and 120-B IPC.
(2.) The facts, apposite for the purpose of this revision petition, are that one Pukhraj Meghwal conveyed telephonic information to ASI Police Station Pachpadra camp Mandapura, District Barmer that a dead body of unknown person is lying at Mandapura Sajiyali Fanta. On the basis of information FIR No. 224/2016 was registered at Police Station Pachpadra, District Barmer. Pursuant to investigation into FIR, at the threshold, one Ganga Ram was arrested and upon completion of investigation, charge-sheet was filed against three accused persons including the petitioners before Judicial Magistrate, Pachpadra. In due course of time, concerned Magistrate, while resorting to Section 209 Cr.P.C., committed the case to learned trial Court. The learned trial Court, thereafter heard arguments on charge and framed aforesaid charges against accused-petitioners and one more accused Gangaram.
(3.) Assailing the impugned order, it is argued by learned counsel for the petitioners that learned trial Court, while framing charges, has not recorded definite finding in adherence of Section 228 Cr.P.C. It is also submitted by learned counsel that learned trial Court has prima facie not discussed available materials showing possibilities about commission of offence by the petitioner. Learned counsel would contend that no endeavour was made by the learned trial Court to conclude that accused petitioners might have committed offence for castigating them. Learned counsel further submits that the charges are foundation of the entire trial and, therefore, at that stage, it was desirable from the learned trial Court to have prima facie examined requisite materials, more particularly, when the case is based on circumstantial evidence.;