Vijendra Kumar vs State Of Rajasthan And Others

Farjand Ali, J

The legality, correctness and propriety of the order dated 26.05.2023 passed by the learned Additional Sessions Judge, Makrana in Sessions Case No.13/2022 has been challenged by the accused Vijendra Kumar whereby learned Judge has passed an order framing charges for the offence under Sections 302, 307, 109 and 120B of the IPC against him.

Briefly stated the facts of the case are that the accused-petitioner and some other persons were charge sheeted for hatching conspiracy and in furtherance thereof committing murder of deceased Sanjay Dudi.

The matter has been thoroughly investigated on several aspects of the matter. Besides the circumstantial evidence, the statement of Dinesh kumar S/o Madnanram Prajapat recorded under Section 161 of the Cr.P.C. by the police are thereon record clearly making allegations against the petitioner regarding his involvement in commission of murder of the deceased. Prima facie, clear allegations of murder and active participation of the petitioner has been stated by the prosecution witnesses. At the time of hearing on the point of charge, a mini trial is not supposed to be conducted nor the meticulous appreciation of evidence is required. From the perusal of the material collected by the investigating agency, prima facie, it is appearing that the petitioner was involved in the crime and for which he should be forced to face the trial. The standard of proof at this stage is much lesser than to the final stage where appreciation is required to make in a significant different manner.

After hearing the parties and making consideration of the record, I am of the view that there is no force in the petition and sufficient means are thereto frame charge. As such, the learned trial Judge has not committed any error in passing the order impugned.

Accordingly, the instant revision petition having no force is hereby dismissed. The stay petition also stands disposed of.