JUDGMENT Applicant No. 1 is charged and facing trial under section 302 read with section 34 and 201 of the Indian Penal Code, whereas applicant No. 2 Kishore Pratap Singh is charged and facing trial under section 302 read with section 120-B and 302, 109 of the Indian Penal Code along with other accused persons Raju @ Rajendra Pratap Singh, Prakash Singh, Babaloo @ Nagendra Pratap Singh. The prosecution story in short is that dead body of one Satish was found near Biruhali Tiraha on 25.5.1990. Satyendra Singh lodged report on 25.5.1990 at 7.30 A.M.. According to the prosecution deceased Satish had developed illicit relations with Ranjana sister of Rajendra Pratap and Babaloo. The deceased and the other accused persons are closed relatives first cousin. Because of the illicit relations of sister Ranjana with deceased Satish the accused persons have made a plan to kill Satish Singh and have implemented it in the night of 25th May, 1990 when Satish was returning back from Burhar to village Biruhali. The weapon used for commission of the crime and other articles are seized from some of the accused persons. It is argued by the counsel for the applicants that there is no evidence on record whereby the accused persons can be implicated for commission of the crime along with other accused persons. Counsel for the State has taken me through the statement recorded of the witnesses and some of the letters written by Ranjana to the deceased. The letters written by Ranjana clearly indicate that she apprehended that her brothers are making the plan to kill deceased Satish and she had warned him to remain on guard. Statement of Satyendra Kumar Singh, Shailendra, brothers of the deceased, and Gopal Singh, further is in regard to the previous enmity of the applicants with the deceased and applicants threatening deceased that they will kill him by bullet. Statement of Sultaniya Bai is to the effect that she had heard the accused on the night of the incident conspiring to commit the murder of someone and Satish was found dead next day in the morning. At the initial stage of the trial, the truthfulness or veracity of the evidence are not required to be meticulously judged.
Statement of Sultaniya Bai is to the effect that she had heard the accused on the night of the incident conspiring to commit the murder of someone and Satish was found dead next day in the morning. At the initial stage of the trial, the truthfulness or veracity of the evidence are not required to be meticulously judged. Strong suspicion against the accused that leads the Court to think that the accused has committed a crime for which he is charged of, is sufficient for the Court to proceed with the trial, unless it could be shown or demonstrated that bare appreciation of the prosecution case will lead to a result which is opposed to common sense or broad probabilities of the case. The aforesaid evidence brought by the prosecution before the Court in my opinion is sufficient at this stage to frame the charge against the applicants and to try them under the said offences. Consequently, this revision fails and is dismissed.