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2013 Supreme(Raj) 816

R.S.CHAUHAN
Brijendra Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioners:D.G. Chaturvedi, Advocate.
For the State: Peeyush Kumar, Public Prosecutor.

JUDGMENT

1. The petitioners have challenged the order dated 20.11.2012 passed by the Additional District & Sessions Judge No.3, Bharatpur, whereby he has framed the charges against the petitioners for the offences under Sections 148, 341, 323, 325 or 325/149, 452, 308 or 308/149 Indian Penal Code .

2. Brief facts of the case are that on the statement of one Moolchand, a formal FIR, namely FIR No.945/2011, under Sections 147, 148, 149, 323, 341, 308 and 452 Indian Penal Code was registered at Police Station Mathura Gate, Bharatpur. According to Moolchand, on 24.11.2011, while he was sitting in his house, at 10.30 A.M., the accused-petitioners came armed with iron rods, iron pipes, axe and country made pistol. The accused Subedar Brijendra Singh told the other co-accused persons to catch hold of the complainant and to kill him. Dinesh caught hold of the complainant, Moolchand, Ranveer hit him with an axe on his head; Jagveer hit him with iron pipe; Sonu and Jagpal also hit him with iron pipes; Vishu hit him with iron pipe. Subedar Brijendra Singh hit him with a cane. Due to the assault, Moolchand fell on the floor. When he raised hue and cry, his daughter-in-law, Radha rushed to his r













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