1. - This criminal revision petition was filed by two accused-petitioners-Rambalirajgar and Kamla Prasad to quash the charges framed against them for offences under section 302 r/w Section 120-B IPC. It may be stated that Rambalirajgar has expired and it is admitted position by both the parties, therefore, no order is required to be passed on his petition. However, I have heard learned counsel for the petitioner-Kamla Prasad and learned counsel for the C.B.I.

2. Briefly stated, on the basis of a parcha Bayan of Govind Ram dated 6.7.1979, a case under section 307 IPC was registered at Police Station Gandhi Nagar, Jaipur. This Parcha Bayan stated that Govind Ram was a Chowkidar and was on duty from 6.00 p.m. to 12 O'clock in the night. At about 9.00 p.m. he heard noise of some 4 or 5 fires from the side of Takhte Shahi Road, Jaipur. Then he saw a crowd of labourers near the building of Reserve Bank of India which was under construction. He did not go there. However, police came then he went and found that a person was lying in injured condition. The injured person was lying unconscious due to the injuries caused by fires. He was S.N. Das Gupta, an officer of the Customs Depar