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1989 Supreme(Raj) 705

V.S.DAVE
Pooran Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioner:Mr. R.N. Khandelwal, Advocate.
For the Non-petitioner:Mr. Sajjan Singh, Advocate with Mr. D.K. Mathur Public Prosecutor.

JUDGMENT

1. - This is an application under Section 482 Cr.P.C. against the order of learned Sessions Judge Sawai Madhopur dated 4.8.88 framing charges against the accused-petitioner in Sessions Case No. 3/88.

2. Brief facts giving rise to this case are that one Radhey Shyam had lodged a written report at police station Sawai Madhopur on 11.5.78 wherein it was alleged by him that his sister Prem Devi is a tenant of Babulal Gogaria. In the same house is living Pooran Singh a police officer with his children. Two-three more tenants are staying in the same house. On the night of 8.5.78 at about 1.00 a.m. Pooran Singh attempted to commit rape with Sampatbai. A complaint about this incident was lodged by Prem Devi to D.I.G. for enquiry. On 11.5.78 at 12.00 or 1.00 in the day Pooran Singh's son Munna abused Prem Devi and threatened her with death. Siraj Ahmad and the complainant Radhey Shyam in between had gone out about 3.00 p.m. At that time Sampat was sleeping in the room on the first floor and her sister had gone for taking meals. Munna at that time was seen coming out of the room with a bottle 3/4 filled with kerosene oil. Soon thereafter smoke was noticed and people rushed to the roo







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