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Sukhi Devi (Smt. )vs. State of Rajasthan & Ors.

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Code of Criminal Procedure, 1973–Secs. 301 & 193–Penal Code, 1860–Secs. 302/34–After committal of case, application was filed to take the cognizance for the offence u/s. 302/34 as the death of deceased was occurred after completion of investigation and reason of death in post-mortem report was mentioned the head injury sustained by deceased–Rejection of application with the view that such application can be filed only by public prosecutor u/s.301(2)–Trial warrants to extend it’s cognizance u/s. 302/34–Held, public prosecutor is directed to move appropriate application bringing to knowledge of Court.