GOVIND @ DURGESH Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD learned Counsel for the applicant, learned Counsel for the complainant and the learned A.G.A. for the State.

(2.) THE case of the prosecution is that Sanjeev Tiwari was working as sale representative with Vaishali Publication Ghaziabad. On 18.8.2008 he had gone for the collection of money in an Indica Car which was being driven by Bhupendra Bhadauria alias Raju. On 27.8.2008 at about 9.30 P.M., he had a talk with the complainant Dilip Tiwari and informed that he is starting from Lucknow and will reach Etawa at about 3.00 a.m. and thereafter will proceed to Ghaziabad to attend his office. Sanjeev Tiwari was having his licenced revolver, mobile, bag etc. He, however, did not reach Etawa in the morning. Subsequently, the complainant Dilip Tiwari received information that his brother Sanjeev Tiwari has been murdered and the dead body is lying in the car within the jurisdiction of P.S. Sirsaganj, District Firozabad. The complainant reached there and identified the dead body of his brother.

(3.) THE learned Counsel for the applicant argued that he is not named in the F.I.R. and nobody has seen him committing the murder of Sanjeev Tiwari. It was also argued that applicant alongwith his father and Shesh Narayan were going on 29.8.2008 in a rickshaw to purchase a vehicle from Mahendra Agency and were in possession of Rs. 5,40,000/ -. When their rickshaw was proceeding towards Mahendra Agency, sub inspector Ajay Singh alongwith 3 -4 constables alighted from the Jeep and asked about Govind alias Durgesh ( the applicant in this case). The inspector also asked about the contents of the briefcase and when he was apprised that the money is there for the purposes of purchasing vehicle,, the sub inspector asked the constables to take the briefcase . Thereafter, the sub inspector and the accompanying police personnel forcibly took the applicant Govind in the Jeep alongwith briefcase. The applicant's father Pawan Kumar Tripathi immediately moved an application before the City Magistrate Etawa on 29.8.2008 itself whereupon, the City Magistrate ordered the S.H.O. Kotwali Etawa to enquire the matter and report. (The application containing the order of the Magistrate has been filed as Paper No. 23 with the bail application).