Deen Dayal Vs. State of Rajasthan and anr.

Deen Dayal vs State of Rajasthan and anr.

Type Court Judgment Court Rajasthan Decided Jul 14, 2011

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https://sooperkanoon.com/case/920421

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Citation: sooperkanoon.com/920421
Court: Rajasthan High Court
Judge: Narendra Kumar Jain, J.
Decided On: Jul 14, 2011
Case Number: Case No. CRLR - 788 of 2011
Subject: Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Criminal

Key legal issue: Criminal
Acts & sections: Indian Penal Code (IPC) - Sections 302, 147, 148, 323 or 323, 304 of 149;

Parties & Advocates

Appellant / Petitioner

Deen Dayal

Advocate Mr. Ajeet Kumar Sharma; Mr. Manoj Sharma, Advs

Respondent

State of Rajasthan and anr.

Advocate Ms. Rekha Madnani, Adv

Legal References

Acts: Indian Penal Code (IPC) - Sections 302, 147, 148, 323 or 323, 304 of 149;

Excerpt

1. heard learned counsel for the parties. 2. complainant-petitioner has preferred this revision petition against the impugned order dated 01.09.2006 passed by the additional district & sessions judge(fast track) no.2, sikar in sessions case no.1/2006, whereby the trial court did not frame charge of offence under section 302 ipc against accused-respondent no.2 and directed to frame charge of offence under sections 147, 148, 323 or 323/149 and 304/149 ipc and under section 3/30 of the arms act. 3. grievance of petitioner is that a charge under section 302 ipc should have been framed against accused-respondent no.2 gulshan, therefore, the trial court committed an illegality in not framing charge against him for the above offence. 4. i have considered the submissions of the learned counsel for petitioner and examined the impugned order passed by the trial court. 5. learned counsel for petitioner is unable to point out any illegality in the impugned order or any evidence to show that charge under section 302 ipc should have been framed in the case. order passed by the trial court is self contained and well reasoned order and the same does not call for any interference by this court. 6. there is no merit in this revision petition and the same is, accordingly, dismissed.

Full Judgment

1. Heard learned counsel for the parties.

2. Complainant-petitioner has preferred this revision petition against the impugned order dated 01.09.2006 passed by the Additional District & Sessions Judge(Fast Track) No.2, Sikar in Sessions Case No.1/2006, whereby the trial Court did not frame charge of offence under Section 302 IPC against accused-respondent No.2 and directed to frame charge of offence under Sections 147, 148, 323 or 323/149 and 304/149 IPC and under Section 3/30 of the Arms Act.

3. Grievance of petitioner is that a charge under Section 302 IPC should have been framed against accused-respondent No.2 Gulshan, therefore, the trial Court committed an illegality in not framing charge against him for the above offence.

4. I have considered the submissions of the learned counsel for petitioner and examined the impugned order passed by the trial Court.

5. Learned counsel for petitioner is unable to point out any illegality in the impugned order or any evidence to show that charge under Section 302 IPC should have been framed in the case. Order passed by the trial Court is self contained and well reasoned order and the same does not call for any interference by this Court.

6. There is no merit in this revision petition and the same is, accordingly, dismissed.

Same Court & Year Rajasthan · 2011 Same Parties Deen Dayal vs State of Rajasthan and anr. Same Subject Criminal Same Judge Narendra Kumar Jain, J. Acts & Sections Indian Penal Code (IPC) - Sections 302, 147, 148, 323 or 323,...