BABLOO Vs. STATE

JUDGEMENT

(1.) Four persons were sent for trial. Two out of them; namely the appellant and co-accused Veer Pal Singh were charged for the offence of having murdered Nisha. All four accused; namely Babloo (appellant), Manoj Kumar, Tikam Singh and Veer Pal Singh were charged for the offence punishable under Section 201/34 IPC.

(2.) No incriminating legally admissible evidence emanating against Tikam Singh and Veer Pal Singh, they have been acquitted. The only incriminating evidence emerging against Manoj Kumar is the recovery of the personal effects of deceased Nisha from his house pursuant to the disclosure statement of co-accused Babloo i.e. the appellant. The said incriminating evidence has obviously been found to be insufficient wherefrom the guilt of Manoj Kumar could be inferred.

(3.) The incriminating evidence held established against the appellant is his last seen in the company of the deceased at around 2:30 PM. His conduct when the young girl did not return home; the recovery of the dead body of the girl pursuant to the disclosure statement of the appellant and his pointing out the spot wherefrom the dead body was recovered as also his disclosure statement and his leading the police to the house of Manoj Kumar wherefrom the personal effects of the young girl were recovered.