Conspiracy can be established through circumstantial evidence, such as telephone records, hotel stays, and witness statements.

1. - Both revision are in relation to order dated 31.03.09 passed in Sessions Case No. 13/04 in the court of Additional District Judge, Sriganganagar. The order direct framing of charge against the petitioner for offence of Section 120B and R/2 for the offence of Ss 452, 326, 120 B IPC and also 3/25 Arms Act against R.

2. Revision No. 396/08 by accused requests quashing of charge and discharge.

3. Revision No. 34/09 of complainant, requests framing of charge against R for the offence of Section 307/34 IPC.

4. Heard learned counsel and also learned Public Prosecutor.

5. The facts briefly stated, accordingly to prosecution, appear to be that in night of 23-24 at 12:40 one Shri M injured and under treatment in hospital stated and informed that for 2-3 days he receiving telephone calls from a person of media so he (M) gave him meeting time of morning of 22nd who then insisted for late evening time, so asked to come in evening, at 8:45 PM when complainant M was in house with family members and outer bell attended by wife who was asked by a person that he to see complainant, therefore, as M went out a person telling him to be a representative of media news somewhat critically spoke of he attempting to see Assembly member (named) could not and M (complainant) in his statement describing nature and some talks stated that suddenly that man taking pistol out shot at him and a person accompanied him whose name was described to be Ramchandra. Also narrated in his statement, FIR is of nephew Dr. Aditya and other family members caught a person running to escape and one other apprehended and got caught by gathered persons. Narrated that 4-5 days earlier, petitioner S publicaly threatened him of a lesson which appeared in newspapers. In course of investigation, from the possession of Ramchandra, seized a pistol with some cartridges and from other recovered were fire arms etc. From possession of accused R was recovered a cellular phone, revolver and cartridge. Motorcycle allegedly using which person tried to escape is alleged to have been found with false number plate. Also obtained are details of telephone calls between numbers, time, date etc and material showing stay at hotel etc. .Chargesheet was submitted for offence of Section 307, 326, 452 IPC and also Arms Act.

6. Learned counsel for the petitioner Surendra Singh strenuously contended that against Surendra Singh no iota of evidence, no material disclosing any conspiracy. In statement under Section 164 Cr.P.C said witness K mentions obtaining cellular apparatus from secretary of petitioner and even then same cannot incriminate the petitioner - telephone calls whatever were in between eve alleged were between p.a and one B and such call details is not evidence in the eye of law - no recovery made from the petitioner- definitely not is any recovery connecting petitioner. Strenuously urged that only because in vague & general terms petitioner is named in FIR, the same cannot be ground for framing charge and for any ill will or any said news appearing in the news cannot be basis for charge which again not proved and even not can be admissible. Cited are 2000 II AD (Delhi) 473, Chandraswami and K.N Aggarwal v. CBI .

7. Learned counsel for the complainant taking Court through the impugned order, statement recorded during investigation and other material argued that conspiracy can be based only on link and chain of circumstances. For the necessary ingredients of offence for which charged are, the witnesses including one examined under Section 164 Cr.P.C. speak of the incident that evidence of hotel owner and others on related events.

8. Learned counsel for the complainant submits that for Ram Ratan directly is attributed exhortion and also that he was possessing fire arm and therefore, he ought to be charged for the offence of Section 307 IPC. For argument cited is AIR 1995 SC 1066, E.K. Chandrasenan v. State of Kerala and 1978 Cr.L.J 1474, Rauf v. State of U.P.

9. For respondent accused R a