RAMPYARE Vs. RAMPYARI

JUDGEMENT

(1.) THIS order shall govern disposal of this revision as well as Criminal Revision No. 603/99, Krisna Narayan and Anr. v. Kalka Prasad, and Criminal Revision No. 494/99, Kalka Prasad v. Ram Naresh Tiwari and Anr. All the aforesaid revisions under Section 397/401 of the Criminal Procedure Code arc directed against the order dated 29-1-1999 passed by Additional Sessions Judge, Satna in Sessions Trial No, 116/96 whereby an application filed by the respondents of Criminal Revision No. 494/99 under Section 197, Criminal Procedure Code was allowed and charges for the offences punishable under Sections 302, 109 read with Section 302 and 302 read with Section 34, Indian Penal Code were framed against applicants of Criminal Revision Nos. 670/99 and 603/99.

(2.) THE facts of the case which led to filing of these revisions are that a complaint under Section 200, Criminal Procedure Code was filed by complainant Kalka Prasad, who is applicant in Criminal Revision No. 494/99, for the aforesaid offences against the accused persons who are the petitioners in Criminal Revision Nos. 670/99 and 603/99 and respondents in Criminal Revision No. 494/99, on the allegation of having committed murder of Rambhushan, on 23-10-1989.

(3.) IT was alleged that a long drawn litigation regarding property was pending between Kalka Prasad and the petitioners in Criminal Revision Nos. 670/99 and 603/99. On 27-8-1989 at about 4 P. M. a quarrel broke out between Rambhushan and Arun Kumar in which Arun Kumar died. A Crime No. 82/89 was registered at P. S. Uchchra. Regarding this incident, Sessions Trial Nos. 141/89 and 41/90 were pending before Sessions Court, Satna, for offence punishable under Section 302, Indian Penal Code. In this case deceased Rambhushan could not be arrested and he was making efforts to get anticipatory bail. On the date of incident, Police Inspector Vinod Pandey, Dy. S. P. Ramesh Chandra Pathak and other police personnel surrounded the house of complainant Kalka Prasad. Rambhushan, his sister Geeta Bai and grand daughters of complainant Kalka Prasad, namely, Kirtan Bai and Sangita were present in the house.