Honble MATHUR, J.–By way of this petition under Article 226 of the Constitution, first and second petitioners, the parents of deceased Dr. Bhanwar Singh, who is alleged to have been murdered on 15.3.1987, has challenged the constitutional validity of Sections 225, 301 and 302 of the Code of Criminal Procedure. They claim right to conduct the prosecution against the accused persons by a lawyer of their choice and not by a Public Prosecutor appointed under a spoil system.

(2). The few facts in the context of which petitioners claim right to conduct trial are as follows:

The third petitioner, brother of deceased Dr. Bhanwar Singh, lodged a FIR at Police Station. Takhatgarh, District Pali, on 17.3.1987 against Prithvi Raj, Ghanshyam Singh, Bakhtawar Singh. Ladu Singh and one Shri Keshav Singh for the offences u/ss 302, 147, 148, 149 IPC. The police registered FIR No. 18/1987 and proceeded with investigation. After investigation, police submitted a Final Report expressing the opinion that deceased Bhanwar Singh died in an accident. This was not accepted by the complainant party and, therefore, a protest petition was filed in the court of M.J.M. Sumerpur. The learned Magistrate directed fo

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