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2018 Supreme(SC) 1409

ROHINTON FALI NARIMAN, R.BANUMATHI
Mohan Lal – Appellant
Versus
State Of Rajasthan – Respondent


Advocates Appeared:
Mr. Sidharth Luthra, Sr. Advocate, Ms. Supriya Juneja, AOR, Mr. Aditya Singla, Mehaak Jaggi and Mr. Bharat Monga, Advocates, For the Petitioners; Mr. Sarad Kumar Singhania, Advocate, Mr. Rohit K. Singh, AOR and Mr. Abhishek Gupta, AOR, For the Respondents

ORDER

1. Leave granted.

2. Heard the learned Senior Counsel/Counsel for the parties.

3. The present case concerns itself with one out of six accused. In an incident which took place on 01.10.2016, the deceased was attacked by various persons who had swords, spears and rods, as a result of which he succumbed to his injuries. Admittedly, respondent no. 2 in this case was not mentioned in the FIR, nor did he take any part in beating or killing the deceased. The case against him, as put by four witnesses, is that the assailants came out of his house and beat up the deceased after which Respondent No. 2 had arranged for his vehicle for them to flee from the scene of the crime.

4. The trial Court, by its order dated 18.04.2017, framed charges against respondent no. 2 under Sections 323, 302, 307, 324, 326 read with 120B of the IPC and discharged him from the charges under Sections 147, 148 and 149 IPC.

5. Against this order, Criminal Revision Petitions were preferred to the High Court at Rajasthan at Jaipur which set out the fact that respondent no. 2 was implicated as aforesaid by at least four witnesses. But, thereafter, the High Court relied upon the statement of one Bhawani, who was

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