====================================================== Shambhu Singh S/O Late Ram Prasad Singh Resident Of VillageMawaiya, Kheria, P.S.- Korha, District- Katihar .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. P.K. Agrawal, Adv. For the Opposite Party/s : Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 3 04-10-2013 Heard learned counsel for the parties. Though the petitioner has been made accused for offence under Section 302/34 as also other allied provisions of the Indian Penal Code, this Court, on perusal of both the First Information Report and the Case Diary, would find that there is no evidence of the petitioner’s killing the deceased. True it is that the informant has claimed to have identified the petitioner while running away from the place of occurrence by face but, then, if that statement is correct, firstly that will not be leading to the conclusion that the petitioner had killed the deceased and secondly, the police has in fact submitted the charge-sheet on the basis of the confessional statement of the petitioner in which he has stated that he also was there and had killed the deceased. As the statement, therefore, of the petitioner being firstly inadmissible even otherwise is contrary to the prosecution case where number
