Code of Criminal Procedure, 1973–Sec. 227–Prayer to discharge–Rejection of–Justification–Appellant is accused for the custodial death of R in the matter of robbery for which he had lodged the FIR–Implication of appellant is with the aid of Section 120-B & 34–None of witnesses has spoken about the conspiracy by appellant in the statements u/s. 161–Initially, the FIR was lodged against unknown persons–When the appellant who lost the money, went to police station along with the witness thereof, how can it be presumed as a strong suspicion for comission of the offence of criminal conspiracy–It is not the case of prosecution that the appellant pointed the fingers at the deceased–Deceased was clerk of appellant for about 13 years–How, his custodial death could be taken as a ground for framing charge against the appellant–Findings of Trial Court are based on suppositions and suspicions–Appellant is entitled to be discharged.
