HONBLE RASTOGI, J. - (1.) BOTH the criminal revision petitions involving common controversy arising out of self-same order impugned have been heard together and are decided by the present order.
(2.) BOTH the petitions U/S 397 read with S.401, Code of Criminal Procedure ("CrPC") have been filed by State of Rajasthan through Investigating Oficer (CBI, N.Delhi) & also by Smt. Sushila Devi who has alleged that her husband Dara Singh, was killed on October 23, 2006, in a fake encounter by police officials of Special Operation Group ("SOG"), assailing the order dt.31/05/2012 passed by learned Sessions Judge, Jaipur District, Jaipur in Sessions Case No.29/2011 discharging respondent (Rajendra Rathore) from the commission of offence U/Ss 120-B, IPC, read with Ss.302, 364, 346, 201, 218, IPC. In order to appreciate the grievance of the petitioners, it will be relevant to take note of the background facts.
(3.) AS alleged, Dara Singh was killed in a fake encounter at the behest of Team of SOG, Rajasthan Police, Jaipur, on 23.10.2006. However, story of the encounter as per version of the SOG official is that at 1.00 AM in the mid night of 23.10.2006, Shri Arshad Ali, Addl, Superintendent of Police (now an Accused) (A13) received source information that Dara Singh alongwith his gang members duly armed with sophisticated weapons have come to Jaipur City to commit a serious incident and would leave before the sunrise for Ajmer - in response to which, on the direction of Arshad Ali, SOG team headed by Rajesh Choudhary Sub Inspector consisting of 11 members well equipped with arms & ammunitions in a jeep left SOG police station at 2.30 AM in the night of 23/10/2006 and put Nakabandi at 4.00 AM on Ajmer Road, near Flyover of Kamala Nehru Nagar and started checking the vehicles - during which at5.20 AM when Rajasthan Roadways Bus going towards Udaipur from Jaipur was being checked, two suspects were sitting on seat Nos.10 & 11 and they were asked to step down from the bus but sooner they alighted from the bus, they started firing at the SOG team while running away to which, the SOG team chased them by jeep as well as on foot for about 3 kms and during cross firing, Dara Singh died in Rajendra Nagar Area, Police Station Mansarovar Jaipur, (which according to the complainant-wife of Dara Singh was a fake encounter engineered at the behest of SOG team) while the other ran away and the information of the occurrence was given to the police control room Jaipur. On this information of Rajesh Choudhary (now Accused)(Al) Inspector of Police, FIR 396/2006 came to be registered at PS Mansarovar, Jaipur for offence u/Ss. 307, 332, 353, IPC & 3/25 of Arms Act; and the investigation was started; site plan was prepared, the jeep was examined and sample of blood soil was taken and shawl of deceased Dara Singh was seized alongwith his purse having Bus ticket No.3309683 dt.23/10/2006 bearing time 05.10 AM & seat No. 10-11 of bus No.RJ27PA 0295, in the presence of independent witnesses. Post mortem was conducted on the autopsy of deceased Dara Singh and his dead body was handed over to his brother (Shishram) who took the dead body and reach the native village Mundital but on 25.10.2006, his dead body could not be cremated because villagers' strong protest demanding lodging of FIR u/Sec. 302, IPG against culprits/ police officials. However, matter was resolved and on 26.10.2006, complaint made by Shishram brother of Dara Singh was handed over to Sri BR Gwala, the then IGP Range-II, Jaipur wherein Sri AK Jain (Accused-15), A Ponnuchami (Accused-14), Arshad Ali (Accused-13) , Rajesh (Accused-1) and Sukhiya alias Sukhbir who was allegedly a henchman of Virendra Singh Niangli involved in the killing of Dara Singh. On 27/10/2006, dead body of Dara Singh was cremated and ultimately, BR Gwala, the then IGP Range-II forwarded the complaint of Shishram to the Director General of Police who in turn forwarded it for enquiry and report to AK Jain (Accused-15).;