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2006 Supreme(Raj) 1848

HARBANS LAL
Jagdish – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Mr. Suresh Kumar Gupta, for the Complainant-Petitioner
Mr. Arun Sharma, Public Prosecutor for the State.
Mr. Rajesh Parashar, for the Accused-Respondent. Decided in Favour of:

Judgment

Harbans Lal, J.-The instant Criminal Revision Petition under Section 397 read with 401, CrPC is directed against the order dated 19.09.2005 passed by the learned Additional Sessions Judge, Shahpura, District Jaipur in Sessions Case No. 4/2003 whereby, the application of petitioner Jagdish filed under Section 319, CrPC has been rejected.

2. Briefly stated, the relevant facts are that the accused-respondents and others gave beating to the petitioner and his family members after entering into his house on 23.09.2002 at about 6.00 PM. An FIR being No. 533/2002 was lodged at 8.15 PM on the same night about the aforesaid occurrence by one Ramgopal Yadav for offences under Sections 147, 452, and 323, IPC. After investigation, charge-sheet was filed in the Court of ACJM Shahpura for offences under Sections 341, 323 and 307, IPC against accused Kalu only. The case was committed to the Court of Additional District and Sessions Judge, Shahpura for trial. After hearing both sides and upon a perusal of the materials placed on record, charges were framed against accused Kaluram. The prosecution examined 17 witnesses out of whom, PW. 1 Goru, PW. 2 Bhagwan, PW. 3 Jagdish, PW. 4 Girdhari,
















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