N.N. Mathur, J. - (1.) Both the revision petitions u/s. 397 Cr.P.C. arise out of the order of the learned Additional Sessions Judge (Fast Track), Hanumangarh dated 31.5.2003 taking cognizance against the petitioners-Ram Niwas Bedi, Amarjeet Singh Bedi, Rajpal, Rajendra Singh and Sewak Singh for offence u/ss. 147, 302 and in alternative 302/149, 301 or 201/149 IPC.
(2.) Briefly stated the facts of the case are that on 12.6.2002 one Paramjit Kaur submitted a report at Police Station Sangaria stating inter alia that her husband deceased-Charanjit Singh had shifted from village Bhagatpura to village Sangaria and was practicing for last 5-6 years. On last night at about 10.00 p.m. while her husband was sitting in the Office, the accused-Dinesh Tyagi gave him a call. Her husband invited I,'- -vide the house. Dinesh Tyagi entered in the house along with Ram Niwas Bedi, Amarjit Singh Bedi, Rajpal, Rajendra Singh and Sewak Singh. Dinesh Tyagi asked her husband that Ram Niwas is prepared to settle the land dispute with him. Her husband also expressed agreement for compromising the dispute. Dinesh Tyagi assured him to settle the entire dispute. Thereafter, he was asked to accompany them for celebration in his Chaubara. Her husband left in the company of Dinesh Tyagi and associates. While she was going to sleep Rajendra arrived and inquired about her husband. He collected Rs. 10,000/- from her. He also inquired as to why he had gone to Chaubara of Dinesh Tyagi in the company of Ram Niwas etc. Her husband did not return till morning. Lateron she came to know that the dead body of her husband was lying in the Chaubara of Dinesh Tyagi. On this information police registered a case for offence u/ss. 302, 147, 149 IPC and proceeded with investigation. After investigation the police laid charge-sheet against Dinesh Tyagi and two others namely Sandeep and Hem Chand. During the trial the prosecution relied on circumstantial evidence to connect the accused persons with the alleged crime. In addition to the evidence of last seen, the prosecution also relied on another important circumstance that the presence of blood stains out side the room of Dinesh Tyagi and further sign of trial of blood on the stairs. The blood-stained clothes were recovered from the possession of the accused-Dinesh Tyagi. The dead body was found in the house of Dinesh Tyagi. The evidence of last seen was severely criticised on number of counts. The learned Judge observed that even if the evidence of PW-12 Paramjit and PW-1 5 Rajendra Singh is excluded, there is sufficient evidence to connect the accused persons with the alleged crime. The observation of the trial Court is extracted as follows: ...[VERNACULAR TEXT OMITTED]... The Court further observed at page 22 as follows:- ...[VERNACULAR TEXT OMITTED]...
(3.) The trial Court convicted Dinesh Tyagi of offence u/s. 302 IPC and sentenced him to imprisonment for life. The two other accused persons namely Sandeep and Hem Chand have been acquitted. By the same judgment, the learned trial Court also disposed of the application filed by the prosecution u/s. 319 Cr.P.C. And took cognizance against the petitioners herein for offence u/ss. 147, 302 or 302/149 and 201 or 201/149 IPC.;