IMPORTANT POINT
Discharge of accused – At the stage of hearing on charges entire evidence produced by prosecution is to be believed.

JUDGMENT :

Rajesh Bindal, J.

1. The order dated 17.07.2013 passed by the High Court of Judicature at Bombay in Revision Application No. 135 of 2012 has been challenged by the appellant. By the aforesaid order, the High Court has set aside the order dated 21.02.2012 passed by the court below vide which application filed by the Respondent nos.1 and 2 for discharge, was dismissed.

2. The dispute arises out of an FIR No. 46 of 2006 registered at Lonawala City Police Station on 14.05.2006 for murder of Manmohan Singh Sukhdev Singh Virdi, a resident of Virdi’s Bungalow, Thombarewadi, Lonawala. His body was found lying in a pool of blood in his bedroom.

3. Learned counsel appearing for the Appellant submitted that a bare perusal of the impugned order passed by the High Court shows that a mini trial has been conducted merely by referring to some of the statements recorded by the police during investigation, which were forming part of the chargesheet. This was beyond the scope of jurisdiction of the Court at the time of consideration of application for discharge. The Court had failed to consider the fact that there was Psychological Evaluation including Psychological Evaluation including Psychological Profiling, Polygraph Testing and Brain Electrical Oscillations Signature Profiling (BEOS) conducted on Respondent Nos. 1 and four other aides of respondent no.1, which lead towards the accusation of Respondent Nos. 1 and 2 in the crime.

4. In support of the arguments, learned counsel for the appellant has placed reliance upon the judgment of this Court in the case of State of Maharashtra and Anr. v. Dr. Maroti S/o. Kashinath Pimpalkar, (2023) 4 SCC 298.

5. On the other hand, learned counsel for Respondent Nos. 1 and 2 submitted that it is a case of blind murder, hence, there was no eye-witness. There was no enmity of Respondent Nos. 1 and 2 with the deceased. They were happily living in the neighbourhood. A false story was built up by the prosecution for which there is no material to support. He further submitted that Trial Court had failed to exercise jurisdiction vested in it to discharge the respondent no. 1 and 2. They have been falsely implicated in the case. It would be abuse of the process of the Court in case they are made to face trial. The relevant material collected by the prosecution was considered by the High Court.

6. Though the order passed by the High Court as such has not been challenged by the State. The learned counsel for the State having no explanation therefor sought to argue that the impugned order cannot be legally sustained as at the stage of consideration of application for discharge, appreciation of the evidence as such was not possible as the same could be only after the evidence is recorded in the Court after trial. At the stage of framing of charge only prima facie case is to be seen.

7. Heard learned counsel for the parties and perused the record and relevant papers.

8. After registration of FIR, investigation was conducted and statements of number of persons were recorded under Section 161 and 164 of Cr.P.C. Even a Psychological Evaluation including Psychological Profiling, Polygraph Testing and Brain Electrical Oscillations Signature Profiling (BEOS) of Respondent No. 1 was conducted on 31.5.2007 and similar tests were conducted on the other four persons viz. Baliram Chidhu Khade, Mohan Vijayamma Shridharan, Ashok Gajraj Chaudhary, Mehboob Dastagi Sheikh who were close aides of respondent no.1.

9. As it was a blind murder, the crime was investigated and chargesheet dated 09.12.2009 was filed against Hussain Mohammed Shattaf and Waheeda Hussain Shattaf (Respondent nos. 1 and 2) and Zaanish Khan stating therein that while Respondent no.1 was staying in Dubai for the purpose of his business, his wife respondent no.2 came in contact with the deceased and developed friendship. They started meeting each other frequently. The friendship turned into physical relationship. When the Respondent No.1 returned from Dubai, he cam