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MANOJ KUMAR GARG
Ravindra Kumar Rampuriya S/o Shri Trilok Chand Rampuria – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. Instant criminal revision petition has been filed by the petitioners against the order dated 21.05.2024 passed by the learned Additional Sessions Judge No. 2, Bikaner in Sessions Case No. 27/2023 whereby, the trial court has framed charges against the petitioners for offences under Sections 302, 201, 120B IPC.
2. Brief facts of the case are that the respondent complainant filed a FIR stating therein that he was having an agricultural land situated a Jaipur road, Bikaner and some of the property was sold by his father and forefather. It was alleged that the petitioners and other persons illegally got transferred some part of the property in their name. It was further alleged that since respondent no. 2 was residing outside, therefore, he had given power of attorney to daughter Monalisa who was handling the property and the disputes going on with regard to the property. It was alleged that on 04.02.2021, one Bhawani Singh alongwith other persons killed her daughter.
3. The police after investigation filed chargesheet against accused Bhawani Singh under Section 302 IPC and against accused Mukesh Dholpuria, Naresh Dhawal under Section 465, 468, 471, 120B IPC and against the acc
The court affirmed that at the charge framing stage, only a prima facie case is required, emphasizing that meticulous examination of evidence is not necessary.
At the stage of framing charges, the truth, veracity, and the effect of the evidence are not to be meticulously examined, and strong suspicion is enough to frame a charge. The court is required to ev....
The court established that at the charge framing stage, a strong suspicion of guilt suffices to proceed, without requiring proof of the allegations.
At the charge-framing stage, only a prima facie case is required, and the court must determine if there is strong suspicion of guilt without delving into the merits of the evidence.
A trial court must apply its mind to the evidence and material before framing charges, ensuring reasonable grounds exist for presuming guilt.
The court ruled that at the charge framing stage, strong suspicion suffices to proceed against the accused, prioritizing witness testimonies and circumstantial evidence over the need for conclusive p....
At the stage of framing charges, only a strong suspicion of the accused committing an offense is required, and the final test of guilt is not applied at this stage.
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