1. Admit. Heard finally with consent of Counsel for the parties.

2. The Accused No. 1 who is facing Sessions Trial No. 328 of 2015 for the offences punishable under sections 302, 452, 120-B read with section 34 of the Indian Penal Code (for short, “the Penal Code”) has filed this Criminal Application under section 482 of the Code of Criminal Procedure, 1973 (for short, “the Code”) seeking to challenge the order dated 14th July, 2016 passed by learned Judge of the Sessions Court rejecting the application for discharge filed under section 227 of the Code.

3. Facts relevant for adjudicating the present application are that on 4th January, 2011, First Information Report was lodged by one Sushila Soni in which it is stated that on 3rd January, 2011 between 9.30 p.m., and 10.00 p.m., she along with her two sons, Ananta and his younger brother, Pawan, were at home. Ananta was sleeping in one room while the other son was sleeping in the another room. The informant went towards the main gate for putting a lock when two persons with their faces covered asked her whether Ananta was at home. The informant told that he was asleep. At that point of time, one person covered her face with