STATE Vs. SANJAY

JUDGEMENT

(1.) The present revision petition under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973 ('CrPC'), has been preferred by the State assailing the order on charge dtd. 7/2/2013, passed by the learned Additional Session Judge/Special Judge (NDPS), Outer District, Rohini Courts, Delhi, whereby, the learned Additional Session Judge /Special Judge, discharged the respondent under Ss. 302/365/201/120B of the Indian Penal Code ('IPC'), in FIR No. 12/2010, registered at P.S. Prashant Vihar.

(2.) Briefly stated, facts relevant for adjudication of the present petition are as under:

(3.) The learned APP for the State submits that at the stage of framing of charge, the learned trial Court did not appreciate the disclosure statement of co-accused Devender @ Madan @ Guddu @ Rajesh, wherein he stated that he alongwith the respondent had taken the deceased away in a white Satro car and after committing the murder of the deceased, the respondent took away the belongings of the deceased in the car. The aforesaid car was recovered from the respondent by a team of the Crime Branch.