VISHAMBHAR SINGH AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both the revisions arise against the same order, hence, are being disposed of vide common order.

(2.) The prosecution case in brief is that one FIR was registered at concerned Police Station on 4.3.91, on Parchabayan of the informant Shri Dinesh, PW-2, with regard to an incident which took place on the same day and a number of persons got so many injuries and two persons Kamal and Ayodhya Prasad died.

(3.) After investigation charge sheet under various Sections of Penal Code including that of Sec. 302 was submitted against 23 accused persons in June 1991. The learned trial Judge framed charges on 7.8.92 and thereafter prosecution evidence commenced on 15.1.2002. Statement of PW-9 Amar Singh was recorded on 28.11.02. Thereafter an application u/s. 319 Crimial P.C. was moved on behalf of the complainant for adding nine persons as accused who were named in this application. Some of the accused already facing trial filed reply to this application and learned Additional Sessions Judge (Fast Track) No. 3, Bharatpur, vide impugned order dated 13.1.2003, took cognizance against seven accused persons for the various offences including Sec. 302 read with Sec. 149 IPC. All the seven persons added as accused are named in the impugned order. Out of these seven newly added accused persons, four accused persons viz. Vishambhar Singh, Shyam @ Brijesh, Guddu alias Devendra and Naresh filed this revision No. 87/2003 while Shri Ram Narain filed another revision Petition No. 170/03.