( 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.

( 4. ) WHEN Rambhushan tried to escape, the police personnel and some of the villagers who arc accused in the complaint case, followed him and opened fire as a result of which a bullet hit the leg of deceased Rambhushan and he fell down. He was caught hold by police personnel and villagers, and was tied with a rope. Rambhushan also opened fire. Firearm injuries were caused to Inspector Vinod Pandey, Constable Virendra Tiwari and Dy. S. P. Ramesh Chandra Pathak. Inspector Vinod Pandey received serious injuries. Enraged by this incident, the police personnel assaulted Rambhushan. When his sister Geeta Bai tried to interfere, she was also abused. Inspector Vinod Pandey and Dy. S. P. Ramesh Chandra Pathak sat in the jeep. Injured accused Rambhushan was lodged in the jeep but on the directions of Dy. S. P. Ramesh Chandra Pathak, Rambhushan was thrown from the jeep.

( 5. ) IT was further alleged that the Dy. S. P. then directed the police personnel and villagers to kill Rambhushan and to bring him dead at the police station. When the jeep moved from the spot, Head Constable Ramanuj Tiwari and other police personnel took Rambhushan towards Village Ragoli and beat him. When Geeta Bai, Kirtan Bai and Sangita tried to intervene at this stage also, they were abused. The deceased was then taken to the ground of Village Ragoli and was assaulted again. As a result of beating Rambhushan died.

( 6. ) STATEMENTS of witnesses were recorded. Head Constable Ramanuj Tiwari and Dy. S. P. Ramesh Chandra Pathak who were the accused persons in complaint case and are respondents in Criminal Revision No. 494/99, filed an application before the Trial Court under Section 197, Criminal Procedure Code stating that they had gone in search of absconding accused Rambhushan. When they reached in the forest near Village Uchehra, deceased Rambhushan fired at them w