M.L. Jain, J. - (1.) This order will dispose of the five applications listed above. J have heard arguments and perused the record. These applications have arisen in the following circumstances.
(2.) In Sariska forest in Bandipol area, in Alwar District, Game Warden Paney Singh found a dead body on 15-9-74. He informed the police station, Thanagazi. The police undertook the inquest. Dr. Lalit Mohan Tripathi performed the post-mortem examination. The dead body was in an advanced stage of decomposition and had become un-identifiable. The dead body was described as that of one unknown Hindu male. The deceased was done to death by strangulation by tying a towel round his neck. The clothes from the dead body were removed and taken into custody by the police. These were a bush-shirt of chocolate colour, white pants and black shoes with laces. On 18-9-74. Ganga Sahai of village Nagar lodged an F.I.R. in the police station Thanagazi that the clothes and shoes recovered by the police were seen by him and they belonged to his son Durga Prasad. His son Durga Prasad had left Nagar for Alwar in truck No. RJA 3755 in the company of Ratan Lal Sunar and Beri on the night of 8-9-74. Durga Prasad had carried with him Rs. 12,000/- from his shop of petrol pump and motor parts. Durga Prasad was also wearing a golden chain in his neck, one ring and a wrist watch, Chocolate pants, white bus-shirt and black shoes with rubber soles. When he asked Beri next day as to where his son was, then Beri told him that he had gone to Jaipur in the company of Ratan. Ratan returned after five days and upon being questioned, he told that Durga Prasad and Babu have remained behind in Jaipur. Two days afterwards Babu returned without Durga. On being questioned, he said that Durga was in Jaipur. He got worried and began to search for his son. But he failed to find him. He was now satisfied that his son was killed by the Gang of Ratan and Babu for the sake of money and ornaments. The police arrested Ratan on 26-9-74 and upon his information and at his instance recovered Rs. 4,780/- one leather beg with an underwear, one Rico watch and some papers. The police after investigation challenged accused Ratan and Beri under section 302 IPC. Babu was not challaned because it was found that on the night of 8th September 1974, he was in the custody of the police, Nagar and was produced before the Assistant Collector and Magistrate Bharatpur on 9-7-74 in connection with a case against-him. The two accused persons were committed.for trial in the court of session, Alwar on 3-1-75. Charges were framed against them on 7-1-75 but the trial was postponed because the learned Judge was told that some more persons were likely to be committed on a complaint of Mst. Sheela Devi and a joint trial was feasible and necessary in the circumstances of the case.
(3.) On 13-1-75 Mst. Sheela widow of Durga Prasad had lodged a complaint against Ratan, Beri, Babu, Phool, Gokul, Bhagwat and Lakhmi under section 120 B and 114 and 302 IPC. She stated in her complaint that the dead body which was found in Sariska forest was of her husband. Accused Bhagwat and Lakhmi are also petrol dealers and they had lost their business on account of competition by her husband. Both these persons therefore, began to harbour malice against her husband. A conspiracy to murder him was hatched by the accused persons. In pursuance of this conspiracy Ratan opened a shop near the shop of Durga. Accused Beri was already plying tea-stall nearby. Gokal and Phool who were opposed to her marriage with Durga, wanted to see her a widow and were also engaged in litigation with her father-in-law, joined them to obtain the services of accused Babu for the purpose of killing her husband. Ratan. Beri and Babu were entrusted with the actual murder. From 8-9 days before 8-9-75 the accused had been persuading Durga to go with them to Jaipur. On 8-9-74 Durga, Ratan and Beri went in a truck to Alwar On 9-9-74 all the three accused persons murdered Durga in the forest of Sariska. Babu and Beri came to Nagar by bus and Ratan returned after 7 days. Babu accused quarrelled with Phool and Gokul who did not pay him full price of the murder and openly alleged that Phool, Bhagwat, Gokal and Lakhmi persuaded him, Ratan and Beri to kill Durga. They had promised to pay Rs. 10,000/- but had paid only Rs. 5,000/-The police however did not make proper investigation and challaned only two of them as it was in league with the remaining accused persons, Upon this complaint the magistrate, Thanagazi examined Mst. Sheela on 18-1-75. 18 witnesses were cited The learned Magistrate after examination of only 10 witnesses produced before him, and perusal of a copy of the F.I.R. lodged by Ganga Sahai, of the post-mortem report and of the police record proceeded to take cognizance against seven persons. He found that there was prima facie case against the accused persons under sections 302/109 and 120B IPC. He summoned accused Ratan, Beri and Babu by a non-bailable warrant as they had done the actual job. Accused Nos. 6 and 7, namely, Bhagwat and Lakhmi were on an anticipatory bail and were summoned by a bailable warrant. The other two accused persons namely Phool and Gokul were also summoned by a similar warrant. An application was also made by Mst. Sheela against one Shri Chand Jhalani but the learned magistrate found no case against him and dismissed the complaint as far as Shri Chand Jhalani was concerned. The order of the learned Magistrate is dated 24-2-1975.;