STATE Vs. PAPPU KUMAR

JUDGEMENT

(1.) THE State is aggrieved by the impugned order dated 30.05.2012 wherein the respondent Pappu Kumar has been discharged.

(2.) RECORD shows that the present FIR No.1171/2006 had been registered on the complaint of K.P. Singh; initial complaint which was on the intervening night of 27.12.2006 -28.12.2006 which was to the effect that Varun (since deceased) is missing. Thereafter the dead body of Varun was recovered on 04.01.2007. The FIR which had initially been registered under Sections 365/120 -B/34 of the IPC was converted to an offence under Section 302 of the IPC in addition to the offences already noted above.

(3.) THESE are largely the three submissions which have been made by the learned counsel for the State. Reliance has also been placed upon (2010) 9 SCC 368 Sajjan Kumar Vs. Central Bureau of Investigation to substantiate his submission that at the initial stage i.e. at the stage of framing of charge, if a strong suspicion is made out qua the role of a person, it is not a fit case for discharge.