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2023 Supreme(Raj) 349

VINIT KUMAR MATHUR
Bherulal S/o Shri Uda – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Sheetal Kumbhat
For the Respondent: Mr. Abhishek Purohit, AGA, Ms. Khushboo Vyas

JUDGMENT :

1. Heard learned counsel for the parties.

2. The present revision petition has been filed against the order dated 27.08.2021 passed by the Additional Sessions Judge & Special Judge SC/ST Court, Pratapgarh in Sessions Case No.79/2016(10/2013), whereby, charge under Section 306 of the IPC has been framed against the present petitioners.

3. Briefly facts of the case are that on 07.10.2012, on an oral information given by the complainant-Smt. Lehri Bai, an F.I.R. was registered against the petitioners. It was mentioned that at around 03:00 P.M. her husband-Nanu Ram came to their agricultural field on motorcycle. After parking the motorcycle, when Nanu Ram came towards the agricultural field, Bheru & Kalu who are the immediate neighbours started assaulting her husband. The petitioners-Bheru & Kalu regularly indulged in altercations with Nanu Ram and assaults him. Her husband getting fed-up with the issue with the petitioners, told them that he would jump in the well and die. On this statement, the petitioners told her husband that if he wants to die tomorrow, die today. After this statement, the complainant’s husband jumped into the well along with motorcycle, resulting into his

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