- (1.) THE present petition has been directed against order dated 31.07.2008 passed by the Additional Sessions Judge, Narnaul, whereby the accused (respondents herein) have been discharged of the offence under Sections 302, 120 -B read with Section 34 of the Indian Penal Code (in short "IPC") at the stage of framing of charge.
(2.) THE facts, in brief, are that on 08.03.2008, Mahi Rajcomplainant lodged information alleging that he and his brother Attar Singh are married and his two brothers Piru and Raghbir are unmarried. Raghbir, his brother was found dead in the morning. His post -mortem was got conducted to know the cause of death.
(3.) IN the post -mortem examination, cause of death is strangulation leading to asphyxia, sufficient to cause death in ordinary course of time. Proceedings under Section 174 of the Code of Criminal Procedure (in short "the Code") were conducted and statement of Rajinder was recorded. Rajinder made a statement that Raghbir Singh was brother of his maternal grand mother and slept at about 12 in the night. When he (Rajinder) got up for urinating and came out of the house, dogs were barking near the house of Raghbir. He saw two persons running in the street. In the morning, he sent his son Surender to milch the buffaloes but Raghbir did not open the gate and later found dead. He suspected Pawan and Munim to have murdered Raghbir. Formal FIR No.97 dated 18.03.2008 under Section 302, 34 IPC was registered at Police Station, Mohindergarh. During investigation, on 29.03.2008 Jai Parkash and Munim made separate disclosure statements. As per disclosure made by Jai Parkash, Munim is his friend for the last 5/6 years and used to come to his house. On 17.03.2008, Munim came to his house and told him that his uncle (chacha) Raghbir Singh is trying to give his land measuring 2 1/2 killas to Surender son of Rajinder Singh on the next day and they are the real claimants of the land. He had planned with his Mausi Shankutla to finish his uncle Raghbir Singh and if he (Jai Parkash) kills Raghbir Singh, they will give him an amount of Rs.2 lacs. He agreed for the same and on the same night at about 12.30 AM, he visited the house of Munim and met his Mausi Shankuntla and his wife Mithlesh. They planned to kill Raghbir Singh. On settlement of Rs.1 lac for executing the plan, he took vial (dupatta) from their house.;