ORDER :

Ashok Kumar Jain, J. - The instant revision petition is preferred aggrieved from order dated 28.07.2023 in Sessions Case No.14/2022 passed by learned Additional Session Judge No.1, Bandikui, District Dausa, whereby learned Trial Court has framed charges under Section 147 , 323, 323/149, 341, 341/149, 504, 304, 304/149 and alternatively under Sections 302 and 302/149 I.P.C.

2. Learned counsel for the petitioners referred the order dated 05.01.2023 in S.B. Criminal Revision Petition No.1313/2022 passed by a Co-ordinate Bench of this Court and subsequent order dated 28.07.2023 passed by learned Trial Court to submit that there were no ingredients to frame charges under Sections 302 or 302/149 I.P.C., but learned Trial Court after ignoring the order dated 05.01.2023 had proceeded to frame charges without any substance or material on record. He further referred the statement of witnesses and also PMR of deceased Teejo Devi to submit that no injuries were found on external or internal part of her body. He further referred FSL report to submit that the reasons assigned by medical board opined that sudden cardiac arrest was the major cause of death of the deceased. He further submitted that not a single iota of evidence was available on record to justify the charge.

3. Aforesaid contentions were opposed by learned Public Prosecutor as well as learned counsel for the complainant-respondent.

4. Heard learned counsel for the petitioners, learned Public Prosecutor and learned counsel for the complainant-respondent. Perused the record.

5. On written report of Kailash Chand Gujar, FIR No.621/2021 was registered at Police Station Bandikui, District Dausa and after investigation, charge sheet under Sections 143, 341, 323, 504 and 304 IPC was filed against the present petitioners. During investigation, post mortem report of Teejo Devi was prepared after medical examination of body of the deceased and opinion regarding cause of death was reserved. But after other reports including FSL and histopathology, the board opined that cause of death is no medicological cause ascertained to death, due to sudden cardiac arrest could not be ruled out.

6. INDIAN PENAL CODE defines culpable homicide under Section 299 and murder under Section 300. Though all murders are culpable homicide but all culpable homicide are not murders. The major difference between two is the degree of purpose and knowledge (mensrea) involved.

7. The Trial Court was duty bound to consider the material (evidence collected during investigation) on record and on the basis of material on record, it has to frame charges. In this case similar charge were framed on 07.07.2022, which was challenged by way of S.B. Criminal Misc. Revision Petition No.1313/2022 before this Court. The revision petition was allowed on 05.01.2023 by a Co-ordinate Bench of this Court and order dated 07.07.2022 was set aside and mater was remanded back.

8. The contentions of present petitioners were again regarding adding the charge of Section 302 I.P.C. without assigning any reason for disagreement with final investigation report of police and without observing about material available on record which persuaded the Trial Judge to frame charge (addition to recommendation in charge sheet) under Section 302 IPC.

9. The Co-ordinate Bench, on the basis of judgment of Hon'ble Supreme Court in the case of Union of India (UOI) v. Prafulla Kumar Samal and Ors., reported in (1979) 3 SCC 4, and judgment of Co-ordinate Bench of this Court in the case of H.G. Grover v. State of Rajasthan (S.B. Criminal Revision Petition No.1356/2022) dated 08.12.2022, set aside the o