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1990 Supreme(All) 316

ALOK KUMAR BASU
KAMAL SINGH – Appellant
Versus
RESHAM SINGH – Respondent


Advocates Appeared:
G.S.Chaturvedi, V.P.Goel

ALOK KUMAR BASU, J.


( 1 ) A first Information Report was lodged by one Kamal Singh relating to the murder of his father namely Ranbir Singh. It was alleged that two unknown accused had shot dead the father of the informant for which the opposite parties Nos. 1 to 5 Resham Singh, Hardeo Singh, Dalvir Singh, Kuldeep Singh and Jaswant Singh had conspired. A chargesheet was filed, whereafter the matter was committed to the Court of Session. The five opposite parties and two other co-accused namely Megh Pal Singh and Man Singh were thus forwarded to the Court of Session along with the case which became the subject matter of Sessions Trial No. 319 of 1988 of the Court of Sessions Judge, Nainital. By the impugned order dated 21-3-1989, the Sessions Judge directed that the opposite parties Nos. 1 to 5 be discharged at the stage of S. 227, Cr. P. C. while other two accused Man Singh and Meghpal Singh were directed to be tried on suitable charge.

( 2 ) THE present revision has been filed by Kamal Singh informant on the ground that the Sessions Judge has exceeded his power as envisaged by Ss. 226/227, Cr. P. C. Sri V. P. Goel learned counsel for the applicant has been heard at length. Mr. G. S










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