RAJU Vs. THE STATE

JUDGEMENT

(1.) RAJU is convicted for the murder of Shankar and destruction of evidence. Besides Raju, Renu the co -convict was also convicted for offence punishable under Section 201 IPC, however no appeal has been preferred by Renu and thus we proceed to hear the appeal of Raju.

(2.) RAJU assails the impugned judgment on the ground that the prosecution has not been able to establish the motive behind the commission of offence. The alleged weapon of offence has not been recovered. It is further stated that the case of the prosecution is that Raju washed the vehicle, concealed the seat cover and mats of the vehicle; in such a situation it is unbelievable that he would keep his blood stained clothes in his room so that the Police may recover it. The chain of circumstantial evidence is incomplete. According to Bhola Sahu father of deceased he along with his brother Ram Prashad and nephew Sudhir informed the Police about missing of his son Shankar, however Ram Prashad has neither been cited as a witness nor examined. There is no evidence of any illicit relation between the two accused. The entire case is based on a woven hypothesis without any basis and hence the appellant be acquitted. No defence evidence has been led by Raju and his explanation in his statement under Section 313 Cr.P.C. is as under:

(3.) THE prosecution case in brief is that on December 21, 2010 Renu wife of Shankar lodged a missing report regarding her husband vide DD No. 20A at 4.10 PM exhibited as Ex.PW -10/D at PS Bhalswa Dairy. Again on intervening night of December 21/22, 2010 Bhola Sahu PW -7 the father of deceased Shankar lodged a missing report at PS Bhalswa Dairy expressing his suspicion over his daughter -in -law Renu and stated that since Renu had illicit relationship with one Raju their neighbour he suspected their hand in the disappearance of his son Shankar. On the complaint of Bhola Sahu FIR No. 165/2010 was registered at PS Bhalswa Dairy under Section 365/34 IPC. Renu was interrogated and pursuant to her disclosure statement she led the Police to Jhuggi of Raju from where he was apprehended.