RAMAVATAR Vs. STATE OF M P

JUDGEMENT

(1.) Both the petitions are arising out of one common order, hence both have been heard together and are being disposed of by this common order.

(2.) The facts in brief are, that one Madhav Singh lodged a report immediately after two hours of the incident at P.S. Dehat on 7th September, 2005 alleging against total eight person including the present petitioners, that by firing guns, they committed murders of Baijnath Singh, Shambhu Singh and Shyam Singh and caused injuries to Banti Singh and Bhupendra Singh. This report was registered at crime no. 438/05 for the offence punishable under Sections 302 and 307/34 of IPC. After investigation, charge- sheet was filed only against accused Kornal Singh and Indrajeet Singh and about rest of the six named accused, it was mentioned that the case is not proved against them.

(3.) After committal of the case, the Session Trial No. 265/05 is pending. During trial, after recording of the statements of eight witnesses ineluding the examination of Chief of Madhav Singh, one application was filed by complainant Madhav Singh under Section 319 of Cr. P.C. praying therein to take cognizance against rest of the six accused persons, who were left by the police namely Ramavatar Singh, Arvind, Rajendra, Dharrnendra, Udaiveer and Brijendra. Vide impugned order dated 8.9.2006. The learned 6th Additional Sessions Judge (Fast Track), Bhind has taken cognizance against aforementioned six accused persons for the offence punishable under Sections 147, 148, 149, 302 and 307 read with 149 of IPC. It is this order, which has been assailed in the aforementioned two petitions by five persons. Out of six, Udaiveer did not choose to assail the order.