The appellant, charged with criminal conspiracy in relation to the custodial death of Ram Kishore, appealed against the dismissal of his application for discharge. The accusations were based solely on the appellant's actions of taking Ram Kishore to the police station and filing a complaint. The court found no evidence of a conspiracy or agreement between the appellant and the other accused. Consequently, the appeal was allowed, and the appellant was discharged from all charges.

Background

28. Basis of Accusation:

• The accusation against the appellant is based solely on his actions of calling Ram Kishore and filing a complaint regarding his death. These actions alone do not establish a conspiracy.

Analysis of Evidence

29. Witness Statements:

• Witness statements do not suggest any criminal conspiracy involving the appellant. They describe the sequence of events without implicating him in any illegal activity.

30. Suspicion vs. Prima Facie Case:

• The allegations create mere suspicion, not strong enough to form a prima facie case of conspiracy. No direct link between the appellant and the acts of torture leading to Ram Kishore's death.

31. Trial Court and High Court Errors:

• The trial court and High Court relied on suspicions rather than concrete evidence.

Court's Conclusion

32. Discharge Application:

• The High Court's dismissal of the appellant's discharge application is unsustainable. The application should have been allowed due to the lack of sufficient grounds for proceeding against him.

33. Setting Aside Orders:

• The appeal is allowed, setting aside the orders of the High Court and the Additional Sessions Judge.

34. Appellant's Discharge:

• The appellant is discharged from all charges related to Ram Kishore's custodial death.

Directions to Trial Court

35. Trial for Other Accused:

• The trial court is directed to proceed with the case against the other accused. The observations in this judgment are not to influence the trial court regarding the remaining accused.

36. Appeal Disposal:

• The appeal is disposed of accordingly, with no order as to costs.

Final Considerations

30. Lack of Foundational Support:

• The trial court's finding is based on suppositions without foundational support. The appellant was not at the police station or informed of any chest pain.

31. High Court's Lack of Consideration:

• The High Court did not consider the matter as required by law.

32. Appellant's Role:

• The appellant, who lost money and lodged a complaint, cannot be implicated in a grave allegation of custodial death without evidence of conspiracy.

33. Absence of Grounds:

• The rejection of the appellant's discharge application cannot be confirmed due to the absence of grounds for proceeding against him.

34. Observations Limited to Appellant:

• The judgment's observations are limited to the appellant and do not touch the merits of the case against the other accused.

35. Appeal Allowed:

• The appeal is allowed, setting aside the High Court and Additional Sessions Judge's orders. The appellant is discharged.

36. Disposal of Pending Applications:

• Any pending applications are disposed of.