Indian Penal Code, 1860
Section 307 read with Section 34 and Section 27 of Arms Act—Discharge of respondent/accused—Revision—For discharge of an accused, there must be lack of sufficient grounds to believe that the accused has committed the offence—Pursuant to disclosure statement of respondent/accused, at his identification only, the other co-accused were arrested and weapon of offence was recovered from one of co-accused—Supplementary statement of complainant also confirms the presence of respondent/accused at the spot—Impugned order passed by Additional Sessions Judge is not based on correct premise of law and facts—Order of discharge against present respondent/accused is set aside and it is held that prima facie material exists on record, on the basis of which a strong suspicion arises regarding the involvement of the present accused in the offence in question—Case remanded back to ASJ to frame charge against respondent/accused under relevant provisions of law.
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