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1991 Supreme(Raj) 465

B.R.ARORA
Ishwar Lal – Appellant
Versus
The State of Rajasthan – Respondent


Advocates:
For the Petitioner:Suresh Kumbhat, Advocate.
For the Respondent: D.R. Bohra, Public Prosecutor.
For the Accused-Respondent:M.L. Garg, Advocate.

JUDGMENT

1. - This revision-petition is directed against the order dated August 17, 1988, passed by the sessions Judge, Sirohi, by which the learned Sessions Judge refused to frame charge under Section 337. I.P.C. against the accused-respondents and sent the case because under Section 223 Criminal Procedure Code to the learned Chief Judicial magistrate, Sirohi.

2. On November 18, 1986 at about 7.00 p.m. a First Information Report was registered at the Police Station, Sirohi, on the statement of Ishwar Lal, recorded by Jogsingh, Assistant Sub-Inspector of Police, in the Government Hospital, Sirohi, where in it was stated that on that very day, at about 7.00 p.m., when his brother Kailash was repairing the tube-light, at that time Rewad Ram s/o Shri Kishan came in front of their door and asked Kailash what was the matter and thereafter some altercation took-place and accused hurled abuses and went away. After sometime, he along with Kishan, Poonam, Om Prakash, Laxman, Magan s/o Rewad, Smt. Gaggi w/o Rewad and the wives of Prem, Kishan, Laxman and Omprakash came there armed with deadly weapons. They took at Kailash out side the Pole and started beating him with lates. The informant was









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