At the stage of framing of charge, the court is required to prima facie presume whether a case against the accused person(s) is made out based on the allegations and the existence of ingredients constituting the alleged offences.

JUDGMENT

Pushpendra Singh Bhati, J. - This Criminal Revision Petition under Section 397 read with Section 401 Cr.P.C. has been preferred claiming the following reliefs:

"It is, therefore, most respectfully prayed that this Revision Petition may kindly be allowed and by setting aside the order dated 01.08.2022 passed by the Learned Additional Sessions Judge, Jaitaran, in Session case No. 22/2021, ordering to frame charge against the petitioner for offence under Section 302 IPC may kindly be quashed and set aside and the petitioner be discharged and case file be sent under Section 228 Cr.P.C. for trial of offences which are triable by Judicial Magistrate.

Any other appropriate order or direction which this Hon'ble Court deems just and proper may kindly be passed in favour of the petitioner."

2. Brief facts of the case, as the pleaded facts and the record would reveal, are that the complainant-Shaukat Ali, on 31.10.2020 lodged a typed report at Police Station, Sendra, Pali stating therein that on 30.10.2020, in the afternoon at about 03:00 p.m. when the complainant himself and one Smt. Hajri (his Badi Maa) were present at their home, one Ramesh s/o. Bhanwaroo, Rafiq s/o. Rajan, Janta w/o. Rajan, Mumtaz w/o. Ashok and others conspired and trespassed into their home and assaulted them with sticks and weapons; as a result whereof they sustained injuries, and had to be taken to a hospital, namely, A.K.A.H., Beawar. And that similarly, on 31.10.2020, some persons, including, but not limited to Rajan, Sajan, Shakur, Dilfariyaad, Hema, Rafiq, Guman Ramesh, Janta, Fameeda, Mumtaz, Hasina, Sabina, Maya, Jameela, Asha and Kamla, broke into their house and assaulted them with sharp-edged weapons, due to which injuries were sustained on their head, hand, feet, waist and other parts of their body, and that, the complainant's wife Jameela, was dragged out of the house by her hair, and was also threatened, as a consequence of attempting to protect their aunt, Smt. Hajri, the day before in the aforementioned scuffle.

2.1. On the basis of the aforementioned report, an F.I.R. bearing No. 195/2020 was registered at Police Station, Sendra for the offences under Sections 452, 341, 323, 354(kha), 143, 149 I.P.C. And that, during the course of investigation, Smt. Hajri passed away on 27.11.2020, on count of the injuries sustained by her in the alleged incident. After investigation, the offences were found to be made out against the present petitioner, the accused Janta @ Jannat under Sections 302, 341 & 323/149 I.P.C.; against accused Rajan Kathat, Sajan Kathat, Taju Kathat @ Ramesh and Rafiq Kathat for the offences under Sections 147, 341 & 323 I.P.C.; and charge sheet was filed against the above-named accused under the above-mentioned Sections respectively, on 15.01.2021 before the Judicial Magistrate, Barr; cognizance for the same was taken against the above-named accused, and the matter, was committed to the concerned Sessions Court. The matter was accordingly transferred to the learned Trial Court for the necessary adjudication. The learned court below vide the impugned order dated 01.08.2022, framed charges against the present petitioner Janta @ Jannat Bano under Sections 302, 147, 341 & 323/149 IPC, and against others for the offences under Sections 147, 341 & 323/149. Hence, the present petitioner Janta @ Jannat Bano has assailed the said order by preferring the present petition.

3. Learned counsel for the petitioner submits that the present petitioner is one among many accused persons, and that injuries cannot be directly attributed to her, as the same 'slaps and fists' have been attributed to Ramesh, Rafiq and Mumtaj, and that therefore the charges framed against the present petitioner, ought to be quashed, as the charge for the offence under Section 302 cannot be levelled against the present petitioner, in light of such weak allegations.

3.1. Learned counsel further submits that the death of Smt. Hajri occurred about one month after the alleged inc