ISLAM@ GUDDU Vs. STATE OF U P

JUDGEMENT

(1.) PARCHA filed on behalf of Shri S.K. Mishra, Advocate on behalf of complainant is taken on record.

(2.) HEARD learned counsel for the applicant, learned AGA for the State, learned counsel for the complainant and perused the records.

(3.) THE deceased went missing since 22.8.2012. Missing report was lodged on 24.8.2012. The dead body was found on 28.8.2012 and FIR was lodged raising suspicion against the applicant and his brother-in- law. After about 25 days from the incident, on 17.9.2012, three person namely Rajesh Gupta, Govind Jaiswal and Saliq Patel claimed that they had overheard the applicant as well as Pintoo conspiring to commit murder of the deceased. Subsequently, the applicant and co- accused were arrested and at their joint pointing out one Chapar was received on 20.9.2012 and motorcycle of the deceased is alleged to have been recovered at the joint pointing out of the applicant and co- accused from a canal. It was contended that no blood stains were found on the Chapar and recovery was made at the joint pointing out of two persons and it is not known as to who was the first person who provided the details to police regarding the place where the motor- cycle was found.