after a week on 10.03.2021, instant petition has been
filed on identical charges against same set of accused persons which is
impermissible in view
pensionary benefits qua constable Sh. Om Prakash
as both had suffered identical charges and for the same
5
offence in above said ... delinquents except the Head Constable
were let o ff though the charges were
identical, it is stated by the learned
11
counsel for the appellants
After filing the charge-sheet learned trial Court
framed charges against the petitioner for offences under
section 286 of the Indian Penal Code for endangering ... accused-Lakhpati
affixed his photograph on the Identity Card of MaanSingh
and committed cheating. In the alternative charges have
been framed that the co-accused
accused also
vehemently argued contending that, in order to sustain charges
leveled against accused, identity of these accused as real assailants
distoring and
suppressing material evidence and preparing false records as
to the identity of the dead body the cause of death and the
falsification ... other person were tried by the
Firs Additional Sessions Judge Nellore on charges under
appellants be acquitted of
all charges. It was contended that the appellants have been implicated due to
mistaken identity. It was the case
stand
trial, while the identity of other two more terrorists allegedly involved in
commission of crime could not be ascertained. Charges against
appellant/convict/accused
this case, the departmental
proceedings and the criminal case are based on identical
and similar set of facts and the charge in a Departmental
case ... Page 3 of 13
// 4 //
and the same. In other words, charges, evidence, witnesses
and circumstances are one and the same. In the present
case
respondents from all the charges framed against them with the
observations that the prosecution has miserably failed to prove the identity
and the guilt
prosecution. In order
to prove charges against accused Anil Kumar, it was obligatory upon the
prosecution to establish his identity and clearly define his role