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2009 Supreme(HP) 754

KULDIP SINGH
KAMAL KISHORE ALIAS BITTU – Appellant
Versus
STATE OF HIMACHAL PRADESH – Respondent


Advocates Appeared:
For the Petitioner:Mr. M.S.Guleria , Advocate.
For the Respondent:Mr. Anshul Bansal, Additional Advocate General with Mr. R.P.Singh,
Assistant Advocate General.

JUDGMENT

Kuldip Singh, Judge This revision is directed against the order dated 24.2.2009 passed by learned Additional Sessions Judge (Fast Track Court), Chamba framing charge against the petitioner in Sessions trial No. 41 of 2008 under Sections 307, 341, 323, 325, 451 IPC.

2. The brief facts of the case are that on the basis of FIR No. 46 dated 17.5.2007 registered at Police Station, Tisa, the petitioner is facing trial in Sessions Trial No.41 of 2008 pending in the court of learned Additional Sessions Judge (Fast Track Court), Chamba. The petitioner has assailed the framing of charge against the petitioner particularly under Section 307 IPC on the ground that on the basis of the material on record no offence under Section 307 IPC is made out against the petitioner and the learned Additional Sessions Judge (Fast Track Court), Chamba has erred in framing the charge against the petitioner under Section 307 IPC.

3. Mr. M.S.Guleria, Advocate, learned counsel for the petitioner has invited my attention to the M.L.C. of Jitender Singh and has submitted that as per the final opinion of the doctor the injuries sustained on the body of the victim were not sufficient to cause the death. It









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