JODBAN SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Criminal Revision No. 959 of 1982 has been filed under Sections 397/401. Criminal Procedure Code by Jodban Singh, Yashpal and seven others, accused-revisionists, while Criminal Misc. Application No. 3563 of 1982 has been filed by. Satvir arid six other accused and Criminal Misc. Application No. 3171 of 1982 has been filed by Jodhan Singh and Yashpal accused only.

(2.) The prayer in these three cases is to set aside or quash the order dated 5-5-1982 passed by II Additional Sessions Judge, Muzaffarnagar in ST. No. 295 of 1979, directing charges under Sections 120B, 120B/ 302, 147 and 149/302, Indian Penal Code and also framing charges under Section 25, Arms Act in S.T. Nos. 52 and 53 of 19W, pending in the said court Of course it is further prayed that after setting aside the said charges the applicants be discharged and acquitted of the said charges.

(3.) I have heard the learned counsel for the applicants in all the three cases and the learned A.G.A. It appears that in the present murder case there is no eye-witness of the murders. The entire prosecution case depends on circumstanal evidence. Those circumstances I have been enumerated as m to (x) in para 11 of the two applications moved under Section 482, Criminal Procedure Code.