NARESH KUMAR SANGHI, J. - (1.) CHALLENGE in this criminal revision petition is to the judgment, dated 6.3.2009, passed by the learned Sessions Judge, Narnaul, whereby respondent Nos. 2 and 3, namely, Kanwar Singh @ Kalia, and Parveen Kumar @ Pardhan, were acquitted of the charge, under Section 306 read with Section 34, IPC.
(2.) THE brief facts of the case are that on 6.5.2007, the petitioner -complainant, Om Parkash, moved an application alleging therein that on 5.5.2007, at about 8.00 a.m., respondent No. 2, Kanwar Singh @ Kalia, and respondent No. 3, Parveen@ Pardhan, came to village Seka and took away Parvesh, son of Ram Niwas, with them. At about 2.00 p.m., Bablu, resident of village Neerpur, who was accompanied by one young boy, came to his (Om Parkash) house and asked him to bring Parvesh from the well near the canal. Later, the dead body of Parvesh was found in the well. A doubt was expressed in the application that Parvesh had been killed by the respondents -accused, Parveen @ Pardhan and Kanwar Singh @ Kalia. On the basis of the said application, FIR No. 104, dated 6.5.2007, under Section 306 read with Section 34, IPC, was registered at Police Station, Sadar, Narnaul. After investigation, the charge -sheet (report under Section 173, Cr.P.C.) was presented before the learned Area Judicial Magistrate, Narnaul. Since the offence under Section 306, IPC, was triable by the Court of Session, therefore, the case was committed to the Court of Session at Narnaul.
(3.) FINDING a prima facie case, the charge under Section 306 read with Section 34, IPC, was framed against the respondents -accused, to which they pleaded not guilty and claimed trial.;