Rajendra Saxena, J. - (1.) Heard.
(2.) Perused the challan papers. It is alleged that Raj Kumar, his brother-in-law Ram Khilari and the petitioner Mukesh came in a tempo to the place of occurrence. The tempo was being driven by Mukesh, that Raj Kumar inflicted knife blows while the co-accused Ram Khilari dealt stone blows to Ramesh. who succumbed to his injuries. In ,the FIR which was lodged by Kamal Kishor, the brother of the deceased, it was alleged that the petitioner Mukesh had caught hold of Ramesh while the other two accused persons had inflicted injuries to him. But all other eye-witnesses have been named by Kamal Kishor namely, Gordhan, Vishwajeet @munnu, Sohanlal Om Prakash, Kailash and Prem Singh in their statements recorded under Section 161, Criminal Procedure Code have stated that at the time of the alleged occurrence Mukesh was sitting in the tempo and that after the occurrence all the three accused persons went away.
(3.) The contention of Shri Pradeep Shah is that the .petitioner was mere tempo driver and he had no complicity and common intention with other accused persons to commit the murder of Ramesh;