RAJU @ RANTHU @ RAJU Vs. STATE

JUDGEMENT

(1.) In these Appeals, the judgment and order of the learned Additional Sessions Judge dated 09.12.2010 in SC No. 126/2008 has been challenged. By the impugned judgment, the Trial Court convicted the present Appellants for committing the offences punishable under Sections 302/34 IPC and sentenced them to life imprisonment.

(2.) According to the prosecution, P.S. Kapashera received DD No. 11A on 11.08.2008 at 07.10 AM, intimating about a dead body in Gali No. 4, behind service station, near Mandu Ram's plot. Inspector S.D. Meena, along with Inspector Lakhinder Singh, SHO, P.S. Kapasahera, HC Zile Singh, Const. Dharmender, Const. Dharambir, Const. Kamal and Const. Naveen went to the spot and found the dead body of an unidentified man, aged about 25/30 years clothed in blue jeans, red T-shirt and mustard underwear. A black thread bearing the image of Christ hung around the neck of the body. The dead man had a black and yellow belt; his height was about 5 feet 7 inches, slim and dark. The body had a stab wound in the abdomen and there was also a cut in the T-shirt. FIR No. 176/08 was registered in the police station u/s. 302 IPC. The body could not be identified and was sent to DDU Hospital for preservation. Posters were distributed in the whole area and were pasted in public places. The police started showing the photograph of the body to shopkeepers and rehriwalas for identification purposes. One Bhola, Proprietor of Satyam Communication, on Old Gurgaon Road, Kapasahera, identified the photograph to be that of Saual, who worked at Gopal's rehri. He also showed the rehri to the police. Gopal confirmed that the photograph was Saual's; he was the son of Sh. Silvester, R/o Village Jamdoli, P.S. Dumri, Distt. Gumla, Jharkhand. He also identified the dead body as that of Saual and further told the police that the deceased had been working on his rehri selling Chole Bhature for the past about one and a half years. He said that Saual had left with two boys named Sanjay and Raju on 10.08.2008 at about 4.30 or 5 P.M.; those boys used to meet him and also used to meet him earlier also. He further told the police that Saual did not return till the morning of 11.08.2008, due to which he dialed Saual's mobile, i.e. 9810341036, but the phone was answered by someone else, who claimed that Saual was in the bathroom and thereafter switched it off. He suspected Sanjay and Raju of having committed Saual's murder.

(3.) The two accused were later arrested; they made their disclosure statements which led to recovery of the weapon of offence i.e. stainless steel knife, slippers (chappals) of the deceased worn by him at the time of the incident and Sanjay's blood stained baniyan, all from different places. It was also alleged that the two accused revealed, to the police, that they belonged to Jharkhand and had been working in a private company in Gurgaon. They used to take Chole Bhature from the Kapashera border, while returning from their place of work and had developed friendship with deceased Saual as he too belonged to Jharkhand. Raju had borrowed a sum of ' 50/- from Saual on the assurance that he would return it within one or two days, but he did not do so, even after 10 or 15 days. A dispute leading to Raju being beat up by Saual for not returning his money, had taken place; Raju therefore, bore a grudge against Saual. The two of them (accused) took Saual with them, on 10.08.2008 from his rehri for eating and drinking. They bought liquor from a nearby vendor and went to Room No. 77 and consumed liquor. They made Saual drink excessively. When they reached a secluded place in Gali No. 4, Raju stabbed Saual in the abdomen with a knife, which he had brought out from his room hidden in a towel. Saual shouted and fell, whereupon Raju became terrified and left the spot after throwing the knife down, on the spot. Sanjay threw the slippers worn by Saual in a nearby vacant plot and also hide the knife in some other plot. He thereafter went to Anup's room, where he kept his baniyan with blood stains in a polythene bag and threw it on the roof of the room.