KAMAL SINGH Vs. RESHAM SINGH

JUDGEMENT

(1.) A first Information Report was lodged by one Kamal Singh relating to the murder of his father namely Ranbir Singh. It was alleged that two unknown accused had shot dead the father of the informant for which the opposite parties Nos. 1 to 5 Resham Singh, Hardeo Singh, Dalvir Singh, Kuldeep Singh and Jaswant Singh had conspired. A chargesheet was filed, whereafter the matter was committed to the Court of Session. The five opposite parties and two other co-accused namely Megh Pal Singh and Man Singh were thus forwarded to the Court of Session along with the case which became the subject matter of Sessions Trial No.319 of 1988 of the Court of Sessions Judge, Nainital. By the impugned order dated 21-3-1989, the Sessions Judge directed that the opposite parties Nos. 1 to 5 be discharged at the stage of S.227, Cr. P.C. while other two accused Man Singh and Meghpal Singh were directed to be tried on suitable charge.

(2.) The present revision has been filed by Kamal Singh informant on the ground that the Sessions Judge has exceeded his power as envisaged by Ss. 226/227, Cr. P.C. Sri V. P. Goel learned counsel for the applicant has been heard at length. Mr. G. S. Chaturvedi learned counsel for opposite parties Nos.1 to 5 tried to support the Judgment of the Sessions Judge, Sri N. S. Kulshreshta learned counsel for the State has criticised the judgment.

(3.) Apart from criticising the judgment, Sri N. S. Kulshreshtha drew the attention of the court to the fact that on behalf of the State of U.P. a Criminal Revision No. 1044/1989 has been presented in this Court on 10-1- 1989 which was the last date of limitation and that file should also be summoned and disposed of along with the present revision. He also sought permission to delete the name of Man Singh and Meghpal Singh from the array of the parties of this revision. This prayer is accepted. The result is that the said Criminal Revision filed by the State of U.P., No.1044/1989 is having the same five opposite parties as in the revision of Kamal Singh and the subject matter is the same as that of the Criminal Revision No.532/1989. In both the aforesaid criminal revisions the aforesaid five persons are opposite parties. Therefore, Criminal Revision No. 1044/ 1989 will also be deemed to have been decided along with this revision.