JUDGMENT :

Chandra Dhari Singh, J.

1. The instant petition had been converted from a Criminal Writ Petition to a Criminal Revision Petition vide order of a coordinate bench of this Court dated 26th February, 2018, and had been filed on behalf of the petitioner seeking setting aside of Supplementary Chargesheet dated 8th August, 2016 filed in FIR No. 635/2014 registered at Police Station Sarita Vihar and of charges framed against the petitioner vide order dated 5th September, 2017 under Section 302/34 of the Indian Penal Code, 1860 (hereinafter “IPC”) in Sessions Case No. 2712/2016 pending before learned Additional Sessions Judge-03, South-East, Saket Courts, New Delhi.

BACKGROUND

2. A brief background of the case reveals that an FIR was lodged by the complainant, Ram Babu, wherein he stated that his brother, Raja Babu, now deceased, got into a fight with some boys from their locality and from Ali Vihar a few days before the incident. It is stated that on 23rd September, 2014, at around 10 pm, the deceased was returning to his house and he went to a cemented water tank near his jhuggi. The complainant, alongwith his neighbour, had gone to a temple at Ali Village where accused Vijay @ Ma