Rajasthan High Court - Jaipur
Kishor Kumar And Ors vs State Of Rajasthan Through Pp on 8 December, 2017
Author: Sabina
Bench: Sabina
(1 of 2)
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. CRIMINAL REVISION PETITION NO. 680/2016
1. Kishore Kumar S/o Shri Surjaram, B/c Meena, R/o
126/127, Tara Nagar-First, Near Khatipura Puliya, Jhotwara,
Jaipur (Rajasthan)
2. Rohit S/o Shri Madan Lal, B/c Kumawar, R/o Deepak Nagar,
Railway Cabin Ke Pass, Ringus, District Sikar.
3. Lokesh S/o Shri Nanchhi Lal , B/c Saini, R/o 196 Ganesh
Nagar-4, Murlipura, Jaipur (Raj.)
4. Rajesh Kumar S/o Shri Bhag Chand, B/c Sain, R/o Sorbari
Thana Khedali, District Alwar.
5. Ravi Meena S/o Shri Jagdish Prasad, B/c Meena, R/o
Nawaldi, Police Station Nawalgarh, District Jhunjhunu (Raj.)
----Petitioners
Versus
State of Rajasthan, through P.P.
----Respondent
__________________________________________ For Petitioners : Mr. Mahesh Gupta For Respondent : Mr. Ram Ratan Gurjar, P.P. __________________________________________ HON'BLE MRS. JUSTICE SABINA Order 08/12/2017 Petitioners have filed this revision petition under Section 397 read with 401 Code of Criminal Procedure, 1973 challenging the order dated 8.12.2015 whereby, charges were ordered to be framed against them.
Learned counsel for the petitioners has submitted that the trial court has erred in framing charge against the petitioners under Section 304 Indian Penal Code, 1860. It could be said to be a case falling under Section 304-A Indian Penal Code, 1860.
(2 of 2 ) Learned state counsel has opposed the petition. Prosecution story in brief is that on 26.7.2012 at about 1 p.m., Kishore Meena petitioner no.1 took petrol from a petrol pump via the complainant. Petitioner no.1 alleged that an old maruti van was to be started and complainant was instructed to sit in the van with the Can filled with petrol. Two pipes were inserted in the Can and they were attached with the engine. When the driver tried to start the van, fire broke out. As a result, complainant suffered injuries and was unable to come out of the van as the doors of the van had got stuck. FIR was registered on the basis of the statement of the complainant Nadeem Khan, who later succumbed to his injuries. Complainant had stated in his statement that all the petitioners were present at the spot.
In the facts and circumstances of the case, learned trial court rightly came to the conclusion that prima facie there was sufficent material on record to frame charge against the accused under Section 304 Indian Penal Code, 1860.
Dismissed.
(SABINA)J. Mohita/50