Heard learned Counsel for the

Heard learned Counsel for the appellant and the learned APP for the State. Perused the investigation papers as well as the recitals of the FIR. Admittedly the name of the present appellant is not mentioned in the FIR. After going through entire chargesheet with the help of the learned APP and learned Counsel for the appellant it reveals that the role attributed to the present appellant is only on the basis of the statement of the co-accused. As far as his involvement is concerned neither the informant nor the eye witnesses have named him in the statement.