- (1.) THIS Criminal Revision has been directed against the order dated 10-3-75 passed by Sri Chaman Singh, Sessions Judge, Gonda in Sessions Trial No. 171 of 1974, State v. Krishna Lal Gulati and Ors.
(2.) THE brief facts are that on 25-3-1969 one Mulk Raj Gulati had lodged a first information report at 6-50 P. M. mentioning that his son Tinku aged about 5 or 6 years had been missing since 2 P. M. on that date. It may be mentioned that no one was named as an accused in the said case. On 26-3-1969 the body of Tinku was recovered from a well and was sent for post-mortem examination. The post-mortem was conducted by Dr. N. N. Dixit, Medical Officer, District Hospital, Gonda on 26-3-1969. The investigation was conducted by Sri Prem Narain Singh, Station Officer, Balrampur and on 18-7-1969, he submitted a report. This report was accepted on 8-7-1970 by the Judicial Officer, Balram-pur.
(3.) THE complainant Sri Mulk Raj Gulati made a complaint to the higher authorities about the investigation and orders were passed by the District Magistrate and conveyed by the Superintendent of Police to C. I. D. to reinvestigate. The Investigating Officer of Criminal investigation Department moved an application for permission to reinvestigate the case on 25-11-1972. The Judicial Officer, Balrampur permitted reinvestigation vide his order dated 25-11-1972. 3-A. It is stated in this revision petition that Sri Mulk Raj Gulati father of the deceased, was an influential and well to do person ,and after a lapse of over four years was able to concoct evidence of certain persons. The statement of Harihar Narain Misra was recorded under Section 164, Cr. P. C. On completing the investigation a charge-sheet under Sections 302/201/120-B, I. P. C. was filed by the Police against the applicant Krishna Lal Gulati, Dwarka Prasad Pandey and others. On 4-7-1974 the Chief Judicial Magistrate, Gonda committed all the four persons to the Court of Session for the said offences. Dwarka Prasad Pandey, one of the co-accused, applied before the learned Sessions Judge, Gonda for pardon and to be made an approver, Sri Chaman Singh, learned Sessions Judge recorded his statement on 27/28-11975. It is alleged that Dwarka Prasad Pandey all along was assisted by the Public Prosecutor in making a tutor-ed statement. The present applicant filed objections against the prayer of Dwarka. Prasad Pandey to be granted pardon and to be made an approver. The learned Sessions Judge, after hearing the arguments, tendered pardon to Dwarka Prasad Pandey by means of the impugned order. It is in these circumstances that this revision has been filed before this Court. ;