Murder -- Prima facie material -- Discharge of accused – Only eye-witness is domestic servant present in the house of the deceased -- She neither in her statement u/s 161 Cr.P.C. nor u/s 164 Cr.P.C. stated anything about the involvement of the appellant, rather she categorically stated in the statement that at the instance of the deceased, the wife of the deceased called the appellant for help and further stated that the appellant took the deceased to the hospital in his car -- Some evidence ought to have emerged or the prosecution could have brought on record some prima facie material whereby the appellant along with the accused persons had prior meeting of mind to execute the alleged offence -- No justification for the appellant to undergo the agony of facing trial – Order framing charge set aside -- Appellant stands discharged from the charges framed against him.

(SC) Decided on : 04.08.2022

Murder -- Prima facie material -- Discharge of accused -- There is no iota of evidence which, in any manner, connect the appellant with the commission of crime -- Neither the trial Court nor the High Court has even taken pains to look into the record as to whether there is any oral/documentary evidence which in any manner connect the appellant with the alleged incident of crime – Held, in the absence of even a prima facie material, oral/documentary, being placed by the prosecution in the charge-sheet, the trial Court as well as the High Court have committed serious error in framing charge against the appellant -- Impugned orders quashed and set aside and the appellant stands discharged from the charges framed against him.

(SC) Decided on : 04.08.2022