S.K.Mahajan,J. - (1.)By this order, I propose to dispose of the revision against the order dated 22nd March, 1996 whereby the learned Additional Sessions Judge had framed charges against the petitioner under Sections 302/201/120 B Indian Penal Code Some of the facts relevant for deciding this petition, in short, are
(2.)That one Anita and Davender Kumar were friends. Anita was married to somebody else two years earlier to the commission of offence. The case of the prosecution is that a conspiracy was hatched by the accused with her co-accused to kill Devender Kumar and committed his murder and, thereafter, tried to dispose of his body and has, thus, committed offences punishable under Sections 302/201/120 B IPC.
(3.)Investigation carried out by the police revealed that even after her marriage, Anita used to meet Devender which allegedly was not liked by her mother and other relatives. Devender was working with one Dinesh and Akshay in a shop in Palika Bazar; dealing in electronic goods. Dinesh used to normally sit in the shop whereas Devender and Akshay used to look after the outside work. On 4th August, 1982, Devender had gone to Kota and in his absence a lady allegedly used to telephone at the shop and enquire about Devender and on being asked as to who she was, she introduced herself as the mother of Annu and wanted to talk to Devender Kumar. Telephone calls also used to be received by Dinesh from one Annu and she used to say, if Devender came before 7.30 p.m. he should either call her on telephone or meet her personally. On 10th August, 1992, Devender came to the shop, after his return from Kota, when he was informed about the telephone calls allegedly received at the shop from the mother of Annu. At this, Devender rang up the residence of Annu at about 6.00 p.m. Receiver was allegedly picked up by her mother and, according to Dinesh, from the conversation, it appeared that the mother of Annu was calling him to her residence. After telephone call was over, Dinesh enquired from Devender as to what conversation had taken place between him and the lady who was on other side and he was informed by Devender that she was inviting him to come to her residence and meet Annu. He also informed Dinesh that earlier she always used to say him not to meet Annu and it was surprising that she had asked him to come to her residence and he, therefore, apprehended something fishy as she was also enquiring on telephone as to whether Devender was taking wine or not. On 11th August, 1982, when Devender did not come to shop till about 12.30 p.m. Dinesh rang up the residence of Devender and he informed Dinesh that he would be a little late. At about 1.30 p.m. he was informed by Devender on telephone that he was sitting with Shiv Kumar in his shop and two or three more persons were also sitting over there. He also informed him that he was taking liquor at that time.