stated that on the day of occurrence, upon hearing noises coming from the room of Suraj, he went inside and saw Suraj drenched in blood while Kela Devi was standing near carrying a tile in her hand and had later also seen Kela Devi and Satish dragging the dead body of Suraj but even if all these assertions are taken to be correct, still it is Kela Devi who can be held responsible for committing murder of Suraj. The petitioners may however, be held guilty in case it is established that they had conspired or connived for commission of the said murder. Dragging the dead body by Satish after the murder had already been committed would, under normal circumstances, attract an offence under Section 201 IPC. However, keeping in view the fact that even as per the disclosure statement of the co-accued Kela Devi, it is Kela Devi who had murdered the deceased with the help of a tile and knife and that there was none else present in the room when she committed the murder and while also noticing that the petitioners have been behind bars since the last about 1 year and there has been no progress in the trial, further detention of the petitioners will not serve any useful purpose.
