Court No. - 93

Case :- CRIMINAL REVISION No. - 4005 of 2003

Revisionist :- Raju

Opposite Party :- State of U.P.

Counsel for Revisionist :- G.C. Saxena,Sushil Kumar Pandey

Counsel for Opposite Party :- Govt. Advocate,S K Pandey

Hon'ble Shamim Ahmed,J.

Heard Sri S.K.Pandey, learned counsel for the revisionist and

Sri Vinod Kant, learned Additional Advocate General assisted

by Sri Abhishek Shukla, learned A.G.A.-I for the State.

This revision has been filed against the order dated 02.12.2003

passed by the Additional Sessions Judge Court No.1, Mathura

passed in S.T. No. 279 of 2000, by which the court below has

rejected the application 3 Kha of the revisionist and has framed

the charges against him under Sections 328 and 304 I.P.C.

Learned counsel for the revisionist submits that regrading

incident took place on 10.03.2003 an F.I.R. was lodged by the

complainant on 16.03.2000 at 8.00 p.m. alleging therein that

his elder brother Harish Dawer lives in Krishna Nager with his

family. On 10.03.2000 when the complaint reached at his home

at about 9.00 p.m. then his mother told him that wife of Harish

Dawer has informed her on phone that Raju Sharma (accused)

after administering so