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2001 Supreme(Raj) 1330

ARUN MADAN
Kaluram – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioners:Mr. Ashwin Garg, Advocate.
For the State: Mr. Madhav Mitra Public Prosecutor.
For the complainant:Mr. R.S. Rathore, Advocate.

JUDGMENT

1. - The accused petitioners (Kalura, Pokharmal and Dalaram) have challenged the order of the learned trial Court whereby it has rejected application filed Under section 227 Criminal Procedure Code and thereupon framed charges against them for offences under Sections 147, 148, 452, 307, 323, 325, 302 read with and alternatively Section 149 Indian Penal Code.

2. In a very narrow compass, facts leading to this revision petition are that Banwarilal lodged a report on 18.1.99 at 8.30 AM at PS Ranoli that while his father (Bhaguram) was sitting on his grocery shop and Phoolchand s/o Banwarilal (all sons of Bhaguram) and Phoolchand s/o Banwarilal were also present there, then they saw Durga Prasad, Bhaguram, Pokhar (all sons of Jhootharam), Ashok S/o Durtraram. Babulal S/o Narayan, Prahlad S/o Devaram, Dolaram S/o Chandraram, Gokal S/o Chandraram, Prabhuram S/o Chandraram, Mohan S/o Amraram, Bholaram S/o Kaluram. Kaluram S/o Ganeshram and 5-6 other persons duly armed with Farsi, Kulhari and lathies, coming from the side of the village, and thereafter they started beating them as a result thereof Bhaguram (father of complainant), Babulal, Dhaklaram, Boduram, Phoolchand sustained a




























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