M.A.A. Khan, J. - (1.) Both these petitions under section 482 Cr.P.C. are directed against a common order dated 10.4.1997, though passed by the learned Additional Sessions Judge No. 2, Jaipur Distt. Jaipur in separate revision applications of the petitioners under sections 397 & 399 Cr.P.C. against a common order dated 3.10.1991 passed by the learned Chief Judicial Magistrate, (SPE Cases) Jaipur Distt. Jaipur in the same criminal case, yet couched in almost common language. These were heard together and are now disposed of by this common order.
(2.) Facts, relevant and sufficient to dispose of both the petitions, are these- During September 1987 Harish Chandra and Ashok Patni petitioners were working as and posted as Superintendent of Police and Additional Super-intendant of Police Distt. Nagaur (Raj.) respectively. Police Station MAKARANA was within their administrative and supervisory jurisdiction. Salig Ram and Hakim Ali (co-accused in the case) were posted at Police Station Makrana as Station House Officer and Assistant Sub-Inspector of Police respectively. Rameshwar Lal S/o Sri Girdhari Lal R/o Kuchaman City, Distt. Nagaur, who is informant's father in the present matter and on whose behalf the petitioners have been vehemently opposed by his learned counsel Sri Biri Singh Advocate, was an Ex. MLA. On 23.9.1987 one Asha Ram 5/o Sri Bhawana Ram R/o Nimri lodged a First Information Report with Police Station Makrana against Rameshwarlal, aforesaid and nine others that they had shot dead his brother Arjun Ram at Mohan Mishtan Bhandar in the Industrial Area Makrana, at about 7.30. AM Crime No. 193 of 1987 for offences under sections 147, 149, 302/149 IPC was registered at the Police Station against Rameshwar Lal and nine others. Rameshwar Lal was arrested in that case on 26.9.1987 by the Police Officers stationed at P.S. Makrana. With the consent of the State Govt. the investigation of the case was entrusted to the Central Bureau of of Investigation/SPE,. On 20.10.1987 the Munsiff & Judicial Magistrate Makrana received a complaint by post. It was a complaint sent by one Dara Singh, who represented himself to be the son of the aforesaid Rameshwar Lal. It was alleged therein that after his arrest on 26.9.1987 his father, Rameshwar Lal, was mercilessly beaten by the Police officials at Makrana, including the present petitioners and, therefore, they all should be proceeded according to law. The learned Magistrate forwarded this complaint under section 156(3) Cr.P.C. to the SHO Police Station Makrana for investigation and report according to law. On the basis of this complaint Crime No. 808 of 1987 for offences under sections 307, 342, 330, 325, 149, 120B IPC etc. was registered at the Police Station. Later on, the investigation of this case too was entrusted to the CB1/SPE with the consent of the State Govt. and RC 2/88 SIU, III, SIC-01, CBI, New Delhi was registered by the CBI/SPE. against the present petitioners and nine other Policemen, including Salig Ram SHO and Hakim Ali, AS, aforesaid.
(3.) After having investigated the aforesaid complaint the CBI concluded that Rameshwar Lal had no doubt sustained simple as well as grievous hurt with blunt weapons, 14 in number, but those were sustained by him while trying to escape from arrest and walking barefooted on hilly area of a hillock and falling down in a 'Kund' (pit). In this respect they referred to the opinion of the Board of Doctors constituted for the purpose. The CBI accordingly submitted a final report under section 169 Cr.P.C. in the case. However, the learned Magistrate did not accept the negative report submitted by the CBI/SPE before him. He took cognizance of the offences under sections 147/149 and 331 IPC on the basis of the negative report and summonned the present petitioners and Salig Ram SHO, Hakim Ali, ASI and Badan Singh Constable as accused thereof. The order so passed by the learned Magistrate on 3.10.1991 was challenged by the petitioners by filing separate applications under section 397/399 Cr.P.C. Their efforts having remained unsuccessful they have now approached this court through the present petitions u/s'. 482 Cr.P.C.;