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IN THE HIGH COURT OF JUDICATURE AT PATNA
SANDEEP KUMAR
Mukesh Kumar, son of Devendra Singh – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT :
SANDEEP KUMAR, J.
In this appeal, the appellant has challenged the order dated 01.11.2018 passed by the learned District & Sessions Judge, IV-cum-Special Judge, S.C./S.T. Patna, by which the learned Judge has rejected the discharge petition filed by the appellant.
2. As per the F.I.R. on the date of occurrence, one Praduman Singh came to the house of the informant at about 2:00 P.M. and requested the brother of the informant (Chotu Kumar) to drop him to the market, since his own vehicle was out of order. Thereafter, the brother of the informant along with said Praduman Singh and the informant went to the market and while they were near a bamboo orchard (Tara Baba ke Bagicha) the said Praduman Singh asked the brother of the informant to stop the vehicle. As soon as, the brother of the informant, stopped the motorcycle, 5-7 persons surrounded them and one Bholu Singh shot at the brother of the informant in the head. It has also been alleged that at that time one Vikas Singh, Doman Singh and Raj Kumar Singh and 3-4 other persons whom the informant can identify but does not know their names were also present. Thereafter, the informant in order to save his life raised hulla and
At the initial stage, the truth, veracity, and effect of the evidence are not to be meticulously judged, and the accused's defense is not to be looked into when seeking discharge under Section 227 of....
The court emphasized that a discharge is warranted when the allegations do not establish a prima facie case, particularly in the absence of strong suspicion and material evidence linking the accused ....
The court emphasized that at the stage of framing of the charge, the trial court is required to evaluate the material and documents on record to determine if there is ground for presuming that the ac....
At the discharge stage under Section 227 Cr.P.C., the court must consider only the prosecution's materials, and strong suspicion is sufficient to proceed with the trial.
Defective investigation does not preclude prosecution; an accused cannot be discharged solely on this ground if sufficient evidence exists against them.
The court emphasized the necessity for a prima facie case to be established before proceeding to trial, underlining a judge's role in evaluating evidence without conducting a full trial.
Discharge from criminal case – If on the basis of materials on record, court could come to conclusion that commission of offence is a probable consequence, case for framing of charge exists.
The main legal point established in the judgment is the requirement for a strong suspicion based on material evidence to proceed with framing charges in criminal cases, and the duty of the Court to c....
Point of Law : Criminal Law - Gang Rape - Charge can be quashed if evidence which the prosecutor proposes to adduce to prove guilt of accused, even if fully accepted before it is challenged by cross-....
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