NAVEEN CHAUHAN ALIAS CHUSSI Vs. STATE

JUDGEMENT

(1.) The appellants were acquitted by us vide a separate order dated 28.7.2010. While acquitting them, we stated that the reasons for our decision would follow. We, accordingly, are recording reasons for their acquittal.

(2.) These appeals are directed against the judgment dated 19.1.2010, and Order on Sentence dated 27.1.2010, whereby the appellants were convicted under Section 302 IPC read with Section 34 thereof and were sentenced to undergo imprisonment for life and to pay fine of Rs 2,000/- each or to undergo SI for six months each in default.

(3.) On 30th April, 2006, at about 3.55 pm., Bhola Chaudhary, brother of deceased Anita, informed Police Control Room that someone had cut the throat of his sister (wrongly recorded as aunt) in House No.304, Gali No.1, Durga Park, Nasir Pur. On receipt of this information, SI Ved Prakash of PS Dabri went to the spot and found the dead body of the deceased Anita lying in the flat. He recorded the statement of Bhola Chaudhary, who was present on the spot, and the FIR was registered on his statement. Bhola Chaudhary stated that the appellant Ram Nandan, husband of the deceased, had developed illicit relations with a girl, which had become a cause of quarrel between him and the deceased. He further stated that on that day, his son Vivek had found the dead body of Anita lying in her flat and had informed him. He alleged that the appellant Naveen Chauhan @ Chussi also used to come to their house after taking liquor and used to bring vegetables etc. on the pretext that the husband of the deceased had sent him. They, however, used to rebuke him and send him back. He expressed suspicion that the appellants Ram Nandan and Chussi were involved in the murder of his sister. The case of the prosecution is that murder of deceased Anita was committed by the appellants.