KAILASH SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard.

(2.) This is an application under Sec. 482 of the Code of Criminal Procedure directed against the order dated 18-8-2004 by which the learned Vth Additional Sessions Judge, Begusarai, has been pleased to refuse to discharge the petitioner of offences under Sections 380, 302, 307, 324,452,120-B and 34, IPC.

(3.) On behalf of the petitioner it is submitted that neither in the FIR nor in the entire investigation any positive material has been found against petitioner's involvement in the offence alleged. It is further submitted that if all the statements, as recorded by the police under Section 161, Cr. P.C. be accepted in its entirety and be laid in evidence even then no case much-less conviction could be made out against the petitioner. Under the aforesaid circumstances, it is submitted that there was no material against the petitioner who ought to have been discharged.