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2016 DIGILAW 1849 (RAJ)

Nathu Ram S/o Shri Naru Ram v. State of Rajasthan

2016-12-16

GOVERDHAN BARDHAR

body2016
ORDER : Goverdhan Bardhar, J. By this criminal revision petition, the petitioner has challenged the order dated 16.11.2016 passed by the Additional Sessions Judge, Sojat (hereinafter referred to as 'the court below') in Sessions Case No.29/2016 (State v. Nathu Ram), whereby the charges against the petitioner for the offence punishable under Sections 302 & 201 IPC have been framed. 2. Learned counsel for the petitioner while assailing the order dated 16.11.2016 has argued that the medical evidence falsifies the oral evidence. The Medical Officer opined that the cause of death of Smt. Dali alias Dimple wife of Nathuram could not be ascertained. As per Post Mortem Report, the Larynx and Tracheae are healthy. As per the prosecution case that the petitioner strangulated the deceased, is also falsified because Tracheae is not broken, therefore, the court below has grossly erred in framing charges against the petitioner for the offence punishable under Sections 302 IPC. 3. Learned Public Prosecutor has opposed the criminal revision petition and argued that the court below has rightly framed charges against the petitioner for the offence punishable under Sections 201 and 302 IPC, therefore, no interference is called for. 4. Heard learned counsel for the petitioner and the learned Public Prosecutor and also perused the impugned order as well as material available on record. 5. The court below has passed the following order on 16.11.2016 :- Add PP mi0A eqfYte ukFkwjke J/C ls mi0 dh J/C dh vof/k fnukad 05-12-2016 rd c<+kbZ tkrh gSA eqfYte dks J/C ls fnukad 05-12-2016 dks is'k fd;k tkosA cgl pktZ lquh xbZA eqfYte ij /kkjk 302 ,oa 201 IPC dk vkjksi i`Fkd ls fojfpr dj lquk;k o le>k;k x;kA eqfYte us vkjksi vLohdkj dj vUoh{kk pkghA iSjoh i{k ds xokgku 1 ls 3 fnukad 05-12-2016] 4 ls 6 fnuakd 06-12-2016] 7 ls 9 fnukad 07-12-2016] 10 ls 12 fnukad 09-12-2016 o 13 ls 15 fnukad 16-12-2016 ds fy;s B/W 2000/- ls ryc gksA i=koyh okLrs lk{; iSjoh i`Fkd~ fnukad 05-12-2016 dks is'k gksA 6. From the perusal of the impugned order dated 16.11.2016, it is clear that the court below has not discussed the medical evidence as well as the Post Mortem report of the deceased while framing of charges for the offence punishable under Section 302 IPC. From the perusal of the impugned order dated 16.11.2016, it is clear that the court below has not discussed the medical evidence as well as the Post Mortem report of the deceased while framing of charges for the offence punishable under Section 302 IPC. It is not clear that on what basis the court below has concluded to frame charge against the petitioner for the offence punishable under Section 302 IPC. 7. In view of the above fact situation, this criminal revision petition is allowed and the order dated 16.11.2016 passed by Additional Sessions Judge, Sojat, in Sessions Case No.29/2016 (State v. Nathu Ram) is hereby quashed. The matter is remanded back to the Additional Sessions Judge, Sojat with the direction to pass a fresh order of framing of charges against the petitioner after giving opportunity of hearing to both the parties and after taking into consideration the medical evidence as well as the Post Mortem report of the deceased. Stay petition stands disposed of.