Sandeep Mehta, J. - (1.) The present misc. petitions have been filed challenging the order dated 15.6.1999 passed by the learned Addl. Chief Judicial Magistrate, Kushalgarh in Criminal Case No. 312/1999 arising out of F.I.R. No. 303/1998 summoning the accused in the aforesaid case for offences under Sections 302, 149 and 120-B I.P.C. The order dated 15.6.1999 passed by the learned Addl. Chief Judicial Magistrate, Kushalgarh has been affirmed by the learned Addl. Sessions Judge, Banswara Camp Kushalgarh, Distt. Banswara by order dated 8.9.2005 passed in Revision Petitions No. 31/1999 and 5/1999.
(2.) Brief facts necessary for the disposal of the present misc. petitions are that one Abhay Singh Labana submitted an oral information at Police Station Dungra Chhota on 27.4.1998 alleging inter alia that dead bodies of a boy and a girl are lying in the backyard of the house of one Bhanwar Lal of Dungra Bada and that one Rakesh was living as a tenant in the said house. It was further mentioned that the dead bodies could not be identified from outside of the Courtyard. On the basis of this report, the proceedings under Section 174 Cr.P.C. being Case No. 16/1998 were registered and investigation commenced. During the course of the investigation, the dead bodies were identified to be of Rakesh and Kamla. It was also observed that some small wounds were found on the abdomen of both the deceased. The love letter exchanged between the two deceased were also found from inside the room, in which, deceased Rakesh used to live and the tenor of some of the letters was to the effect that both the deceased intended to communicate to' their respective fathers that they were ending their lives voluntarily. An empty sulphos bottle and a dagger were found lying near the place of occurrence. The vomits of the deceased were also seized and after post-mortem, the dead bodies of the two deceased were handed over to their respective family members. During the course of the enquiry proceedings, the statements of the witnesses and the family members of the deceased were recorded and they did not raise any doubt about the death of Rakesh and Kamla.
(3.) One and half month after the inquest proceedings, Kamla's father filed a complaint expressing doubt regards the death of his daughter on which F.I.R. No. 303/1998 was registered at Police Station Kushalgarh and investigation was commenced.;