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2011 Supreme(Raj) 1640

M.N.BHANDARI
Jai Kishan Khandelwal – Appellant
Versus
State of Rajasthan – Respondent


For the Petitioners:A.K. Gupta, Biri Singh and J.S. Tanwar, Advocates.
For the Complainant in person:Banwari Lal Agrawal, Advocate.
For the State: Laxman Meena, Public Prosecutor.

JUDGMENT

1. - All the three misc petitions arise out of the order dated 10.9.2007 passed by Special Judge, Dacoity Affected Area, Bharatpur. The order dated 19.4.2007 passed by Judicial Magistrate No.2, Bharatpur taking cognizance for offence under sections 302 and 120-B IPC against petitioners was upheld vide the order dated 10.9.2007.

2. Brief facts of the case are that an alleged accident took place in the night of 13/14.12.1996 wherein one Bharat Bhushan was found injured on the road. He was taken to the hospital initially at Bharatpur and thereafter to Jaipur. He died on 18.12.1996.

3. Complainant- Banwari Lal lodged an FIR stating therein that on 12.12.1996 his son Bharat Bhushan (deceased) came to Bharatpur from Mathura to participate in a marriage. On 13.12.1996, at around 1.00 PM, he was to proceed to Gwalior. At that time, one Lokesh son of Om Prakash came on the scooter to drop him at the bus stop. Accordingly, Bharat Bhushan went with him. In the mid night of 13/14.12.1996 at around 1.00 AM Lokesh's mother and his brother came to the complainant house informing that Lokesh and Bharat Bhushan met with an accident near Chiksana. Bharat Bhushan was then taken to the hospital

























































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