RAJESH @ RAJU PATEL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant and also the learned A.G.A.

(2.) The applicant is involved in case crime No. 59 of 2005, for the offences under Sections 302/120 IPC, Police Station Adalhat District Mirzapur.

(3.) It is alleged that the complainant's husband (victim) had taken an amount of Rs. 300.00 as loan from his nephew ( elder brother's son) Rajesh alias Raju Patel (applicant), which he had returned. But according to Rajesh it was not paid off. Several times some altercation also took place between them. On 9.2.2005, the complainant's husband did not return from his shop to his house. When his whereabout could not be ascertained, then on 10.2.2005, a report was lodged by the complainant's Jeth about his disappearance.. Then on 14.2.2005 a report was lodged by the complainant wife that she had every suspicion that the son of her Jeth, accused Rajesh alias Raju Patel has killed her husband and disposed of his dead body. On the same day at the pointing out of the accused applicant, an axe was recovered from the room of his house as also the dead body in river Ganges in Smashan Ghat. In post mortem report 5 incised wounds were found on his dead body.