P.K.LOHRA, J. - (1.) By the instant revision petition under Section 397/401 Cr.P.C, accused-petitioners have challenged order dated 26th of February, 2018, passed by Sessions Judge, Jodhpur, framing charge against petitioner No.1 for offence under Sections 341, 323 or 323/34, 307 or 307/34 and 302/34 IPC and against petitioner No.2 for offence under Sections 341, 323 or 323/34, 307 or 3/34 and 302 IPC.
(2.) Succinctly stated, the facts of the case are that on 26th of February 2017, complainant-respondent No.2 submitted a written report before Police Station Bhopalgarh, inter-alia, stating therein that on 26th of February, 2017, at about 11:30 AM, while his mother was taking out garbage from drainage, one Geeta W/o Baksaram Meghwal came there and asked her not to do so and on denial gave threatening to kill her mother. After sometime, accused persons, including the petitioners, with common intention, laced with lathis, sariyas and stones entered into his house and gave beatings to the family members, due to which he, his father Padmaram, brother Ranjeet and mother sustained injuries.
(3.) On the basis of said report, police registered FIR No.32/2017 for offence under Sections 143, 341, 323, and 451 IPC and commenced investigation. During the course of investigation, police added offence under Section 307 IPC and upon death of Padmaram on 08/09.03.2017, also added offence under Section 302 IPC. Police after investigation submitted charge-sheet against accused-petitioners for offence punishable under Sections 341, 323, 307, and 302/34 IPC. Subsequently, the case was committed to learned trial Court by Chief Judicial Magistrate, Pipar City, by resorting to Section 209 Cr.P.C., 1973 The learned trial Court, thereafter, heard arguments before framing charges and while resorting to Section 228 Cr.P.C., 1973 framed charges against the petitioners as aforesaid.;