Suneet Kumar, J. - (1.) Instant revision has been placed before this Bench along with Bail Application Nos. 42856 of 2014 and 17310 of 2015 vide nomination by the Hon'ble the Chief Justice dated 2.8.2018.
(2.) Heard Sri Birendra Singh and Bir Bhan Singh, learned counsel for the revisionist, Sri V.M.Zaidi, Senior Advocate, assisted by Sri M.J. Akhtar, learned counsel for opposite parties 2 & 3 and Sri Siya Ram Verma, learned counsel for the opposite party no. 4.
(3.) Learned counsel for the revisionist submits that revisionist lodged a first information report bearing Crime Case No. 232 of 2013, under Section 396 I.P.C. against unknown miscreants alleging that on the midnight of 1/2.8.2013 between 2 to 3 a.m., two persons, namely, Ganga Prasad (father) and Somwati (mother) were murdered and three were injured; revisionist's brother, namely, Bhupendra and Abhimanyu were seriously injured in the incident and became unconscious, were admitted for treatment; after few days on gaining consciousness, they disclosed the name of the miscreants to the brother and the Investigating Officer(IO), however, name of the miscreants namely, Auyodhaya Prasad, Sujeet and Mamta (opposite parties) were not mentioned in the statement of the injured witnesses by the IO; after investigation, charge-sheet was filed against two accused; no investigation was made against the opposite parties; during trial witnesses of fact, PW-1, PW-2 and PW-3 were examined. Bhupendra Umrao (PW-2) and Abhimanyu (PW-3) the injured witnesses; in their examination in chief have clearly deposed that the opposite parties were duly present on the date of the incident, armed with deadly weapons; opposite party no. 3, Mamta, conspired in the commission of the offence.;