P.S. Teji, J.

1. By this common order I propose to dispose of the aforesaid two petitions filed under Section 439 of Code of Criminal Procedure, 1973 (hereinafter referred to as the Cr. P.C.), wherein the petitioner – Om Prakash was initially charged with the offence punishable under Section 365 of Indian Penal Code (hereinafter referred to as ‘ÍPC’) vide FIR No. 2306/14 registered at Police Station Mangolpuri, Delhi and the petitioner – Subhang @ Subhankar was charged with the offence punishable under Section 279/304A of IPC vide FIR No. 1566/14 registered at Police Station Narela, Delhi. Ultimately, both the FIRs were clubbed together and the charge sheet was filed under Section 364/302/34 of IPC against the accused persons and the both the petitioners were charged with the offences punishable under Section 302/34 of IPC. Accused Om Prakash @ Pandey was also charged for the offence punishable under Section 364 IPC.

2. The facts of two incidents made a chain for consolidating the two registered FIRs into one trial. In brief, the prosecution case is as under:-

“On 05.12.2014, Smt. Kamla, mother of one Manoj (since deceased) lodged a missing report of his son Manoj vide DD No.1