SANJEEV KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal revision has been preferred against the order dtd. 23/3/2022 passed by the court below wherein the discharge application of the petitioner has been rejected.

(2.) The learned counsel for the petitioner has submitted that the entire prosecution case is based on confession of the petitioner which is alleged to be made before the police and has no evidence in this regard. Prior to confession of the petitioner the dead body of deceased was recovered at a distance from the alleged place of occurrence. There is no eye witness of the occurrence. The relationship of the deceased and the petitioner was cordial. The motive as alleged in regard to illicit relation of the petitioner with Bhabhi has not been proved. The deceased was missing from the house of the petitioner, information of which he gave to the informant and the other relative. There is no sufficient material against the petitioner to frame the charge against him for the offence of murder. A CCTV footage of the house has not been properly verified by the police. The statement of the witnesses who are examined during investigation are not conclusive indicating the petitioner to be the perpetrator of the crime. The entire case is based upon suspicion, accordingly, submitted that the discharge application which was rejected by the court below bears illegality.

(3.) The learned APP and learned counsel for the informant opposed the contentions made by the learned counsel for the petitioner and contended that from the evidence collected by the IO during investigation and as per the FIR allegation, the charge is made out against the petitioner and the court below has rightly rejected the application for discharge.