N.C.Sharma, J. - (1.) This order will decide two Criminal Miscellaneous Petitions Nos. 97 and 102 of 1986 under section 482 Cr P.C. because they arise from the same order of the Additional Chief Judicial Magistrate, Baa dated March 10. 1986, whereby the said Magistrate took cognizance for offences under sections 302, 147, 148 read with section 149 I.P.C., in connection with the alleged murder of Hajari Singh deceased. N.C. Sharma, J. - This order will decide two Criminal Miscellaneous Petitions Nos. 97 and 102 of 1986 under section 482 Cr P.C. because they arise from the same order of the Additional Chief Judicial Magistrate, Baa dated March 10. 1986, whereby the said Magistrate took cognizance for offences under sections 302, 147, 148 read with section 149 I.P.C., in connection with the alleged murder of Hajari Singh deceased.
(2.) Facts; in brief, are that on January 8, 1970, Bhopal Singh non-petitioner No. 2 lodged a first information report at Police Station Bali at 4.45 p.m. alleging that on the date of the incident, he along with his brother Prabhu Singh and his guest Hajari Singh and some other persons mentioned therein were sitting in front of his house at about 10 or 11 a.m. At that time 10 petitioners in the abovementioned two miscellaneous petitions and one Had Singh (since dead) came on the spot armed with swords and lathies with intention to murder Bhopal Singh and his brother Prabhu Singh. Apprehending the trouble, Hajari Singh got up in order to pacify the ten petitioners and deceased Han Singh but instead of retracting these persons started beating Hajari Singh with slaps and fists. Hajari Singh fell down, Haria and Moti Singh sat over the chest of Hajari Singh and others continued to beat Hajari Singh mercilessly. With great difficulty Hajari Singh was taken out from the clutches of the petitioners. He had become unconscious. Bhopal Singh went to Mundara in order to fetch a compounder from Mundara Aid Post. He brought Shanker Singh compounder along with him to his village Sev Talab and on examination of Hajari Singh, Shpanker Singh declared that the former had expired.
(3.) The Officer-in-charge of Police Station, Bali, on the basis of the first information report lodged by Bhopal Singh registered a case No. 6 for offences under sections 302, 147, 148 149 I.P.C. A copy of the first information report was sent to Munsif Magistrate, Bali, reached him on January 13, 1970. The Police after investigation gave a final report on April 20, 1970. This final report was submitted by the S.H.O. to the Circle Officer, who forwarded is to the Deputy Superintendent of Police on December 24, 1970 and the Deputy Superintendent of Police, Bali forwarded it to the Munsif Magistrate, Bali. In substance, the final report was that a long standing dispute and litigations existed between Bhopal Singh and Sohan Singh and their respective party men. The statements of witnesses recorded during investigation were not found reliable and the Investigating Officer was of the view, on the basis of past conduct and the history sheet in Police Station on Bhopalgarh and his witnesses that Hajari Singh, while giving an excited speech, suddenly became unconscious and fell down from 'chabutri'. Bhopal Singh and his associates started carrying Hajari Singh in a tractor for treatment. In the way Hajari Singh fell down from the tractor and, therefore, he was brought back to the house of Bhopal Singh. Thereafter the compounder was called and he found that Hajari Singh had expired. On this final report under section 173 Cr. P.C., the Munsif Magistrate, Bali made an endorsement seen and filed on April 2, 1971.;