Court Quashes Discharge Rejection in High-Profile Murder Conspiracy Case.


05 December 2024 Criminal Appeals & Suspension of Sentence >> Criminal Law   |   Murder Homicide >> Criminal Law  

In a recent case of Vijay Lulla & Another v/s State of Maharashtra, Criminal Revision Application was filed by Accused No.6 in Sessions Case No.67 of 2008, challenging the rejection of his discharge application by the Additional Sessions Judge, Vasai, on 22.05.2015. The accused sought discharge under Section 227 of the Cr.P.C. for charges related to a conspiracy to murder and related offenses.

 

 

The case revolves around a dispute between the deceased, Mr. Multanmal Jain, and the accused, particularly members of the Lulla family. The accused were allegedly involved in a conspiracy to kill the deceased, and an assault on him occurred on 29.03.2008. Accused No.6's involvement was questioned, as he was not present at the scene during the incident. The prosecution’s case relied primarily on a statement from an eyewitness, Ms. Kashmira Mandliya, who mentioned that the applicant had visited her flat earlier in the day with other accused. However, no direct or substantial evidence connected Accused No.6 to the crime, and the prosecution failed to establish a prima facie case of conspiracy or involvement in the murder.

The court concluded that there was no evidence to link Accused No.6 to the crime, either directly or through conspiracy. Therefore, the rejection of his discharge application was found to be unsustainable, and the order was quashed. Accused No.6 was discharged, and the criminal revision application was allowed. The interim application filed by Mrs. Sharda Natwarlal Patel, the first informant, was disposed of as it no longer applied.


Section 227., Code of Criminal Procedure - 1973  

Code of Criminal Procedure, 1973