1 S.B. Cr. Revision Petition No.661/2005 Jeorge Benukunal vs State of Rajasthan DATE OF ORDER : 2.2.2007 HON'BLE JUSTICE SHRI G.S. SARRAF Shri RK Charan,for the petitioner. Shri S.N. Tiwari, Public Prosecutor. <><><> This revision petition is directed against the order dated 14.7.2005 passed by Addl. Sessions Judge (Fast Track), Chittorgarh whereby charges under Sections 115 and 120B/302 IPC were ordered to be framed against the petitioner. By the same order charges under Sections 115, 120B/302 IPC and 3/25 Arms Act were ordered to be framed against the other accused persons also. Heard learned counsel for the petitioner and learned Public Prosecutor. The limited prayer of the learned counsel for the petitioner is that Ashwini Bhardwaj regarding whom a charge under Section 302 IPC has been framed is alive and, therefore, the charge under Section 302 IPC deserves to be quashed. Learned Public Prosecutor does not deny that Ashwini Bhardwaj is alive. 2 In view of the submissions this revision petition is allowed and Section 302 IPC mentioned in the memo of charges is deleted and the order dated 14.7.2005 passed by the learned Addl. Sessions Judge (Fast Track), Chittorgarh stands modified accordingly. The revision petition is disposed of as above. (G.S. SARRAF), J. cpgoyal/-