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2003 Supreme(Raj) 1270

H.R.PANWAR
Mehram – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioner:Chaitanya Gahlot, Advocate.
For the Respondent: Ramesh Purohit, Public Prosecutor.

JUDGMENT

1. - This criminal revision petition under section 397/401 Cr.RC. is directed against the order dated 28.6.2002 passed by learned Additional Sessions Judge, Parbatsar in Sessions Case No. 30/2000 whereby the trial court framed the charge against the petitioner for the offences under sections 302 and 201 I.P.C. The accused-petitioner has challenged the order framing charge by this revision petition.

2. I have heard learned counsel for the petitioner and the learned Public Prosecutor and perused the order impugned dated 28.6.2002. I have also carefully gone through the police investigation papers filed by the investigating Officer under section 173 Cr.P.C. (Challan Papers) and statements of various prosecution witnesses recorded by the Investigating Officer as also the post mortem report of deceased Abdul Rehman aged 22 years.

3. It is contended by the learned counsel for the petitioner that deceased Abdul Rehman fell himself in the well of the accused-petitioner and committed suicide. He died due to drowning and, therefore, no offence whatsoever is made out against the accused-petitioner.

4. Learned Public Prosecutor seriously controverted the contention raised by the learned




















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