DHARAMBIR ALIAS PAPPU Vs. STATE OF DELHI

JUDGEMENT

(1.) The petitioner seeks regular bail in case under Sections 302/201/ 34, IPC registered against him and his co- accused persons vide FIR No. 157/2005 with Police Station, Anand Parbat.

(2.) Learned Counsel for the petitioner has argued that even if the case of the prosecution contained in the charge-sheet is taken as a gospel truth, still the petitioner cannot be accused of committing the murder of deceased Pintu. He has taken me through the contents of the FIR and other relevant material on record.

(3.) The accusations against the petitioner are that he had assisted his co-accused Gangadeen in disposal of the dead body and thereby at best he could be tried only under Section 201, IPC and not under Section 302, IPC. On being repeatedly asked, the learned APP for the State could not point out any incriminating circumstance against the petitioner to show, prima facie, conspiracy either before, at the time of commission of crime and thereafter to show that he had conspired with the accused persons in committing murder of the deceased. However, learned APP for the State has argued that the petitioner has already been charged by the learned Trial Court under Sections 302/ 34, IPC and also under Sections 201/34, IPC.