SHIV CHARAN Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) THIS petition for revision is directed against the order of the Chief Judicial Magistrate, Karnal, dated the 26th of July, 1966, whereby he has discharged Raghbir Singh and Dharam Singh (Respondents, Nos. 2 and 3), who had been arrested earlier for offences under Sections 148, 188, 436, 302, 395 read with Section 149 and Section 120 -B, Indian Penal Code, on a report lodged at Police -Station, Sadar, Panipat, by the Petitioner, Shiv Charan, for burning alive his relation Dewan Chand and two others in the former's shop on the 15th of March, 1966. This order of discharge has been upheld by Shri S.C. Goyal, Additional Sessions Judge at Karnal.

(2.) TO appreciate the various contentions raised by the parties it is necessary to set out the history of the case which in brief is as under:

(3.) ON the following day Raghbir Singh Respondent was arrested and two days later, i.e., on the 18th of March, 1966, Dharam Singh surrendered in the Court and they were sent to the judicial lock up. On 22nd of March, 1966, they were, however, remanded to the police custody. On conclusion of the investigation, a police report under Section 173 of the Code of Criminal Procedure for the various offences referred to above, was presented to the Court of the Judicial, Magistrate, Panipat, on 10th of March, 1966. In that report, the names of the two Respondents Raghbir Singh and Dharam Singh were given in column No. 2, while those of 19 others in column No. 3 and that of Gopal Das in column No. 4.