SANJEET KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This revision petition is directed against the order dated 19.7.1997 passed by the learned 3rd Additional Sessions Judge, Saharsa by which he has discharged opposite party No. 2, Sunil Kumar Yadav.

(2.) The short facts leading to the case are that on the basis of the fardbeyan of the petitioner an FIR was lodged stating therein that brutal murder of his brother has been committed by his friend in between the 9.8.1996 and 10.8.1996. His brother Manjeet Kumar and his friend went outside house together and did not return to his house. On search by the family members of the petitioner, the dead body having multiple injuries caused by sharp-edged weapon has been found in a ditch full of water. The Police took up investigation and after completion of investigation charge-sheet was submitted against the accused-persons. It also appears that accused was arrested and he confessed before the Police whereby some recoveries were made leading to the confession which included the blood-stained clothes of accused- Ranjeet Kumar Jha, which was concealed at a place in the house of one Sunil Raut.

(3.) Learned counsel for the petitioner has submitted that the Court below has not considered the statement of the accused- Ranjeet Kumar Jha which proves complicity of opposite party No. 2, Sunil Kumar Yadav which has also been supported by Sunil under Section 164 of the Code of Criminal Procedure.