RAJKUMAR CHAURASIYA Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application for bail in connection with C.R. No. 429 of 2019 registered with Ghatkopar Police Station, Mumbai for the offence punishable under Sec. 302 of Indian Penal Code, 1860 ('IPC' for short). The applicant was arrested on 15/7/2019.

(2.) The case of the prosecution is that the deceased was daughter of the applicant. She performed her marriage against wishes of the applicant. The husband of the deceased wanted to go to native place alongwith deceased, which was not liked by the applicant as it would cause damage to this reputation. On 13/7/2019 the applicant called deceased at the place of incident and murdered her with sickle. Body of the victim was thrown near footpath at Ghatkopar. After the body was recovered, investigation was proceeded and the applicant was arrested. During the course of investigation, sickle was recovered from the applicant. On completing investigation, charge-sheet was filed.

(3.) Learned counsel for the applicant submitted that the entire case is based on circumstantial evidence. There is no cogent evidence against the applicant. He is in custody from the date of arrest. There are no criminal antecedents against him. The relationship between the applicant and deceased was cordial. The recovery under Sec. 27 cannot be relied upon, as statement mentions that the knife was used in commission of crime and what is recovered is of sickle. The statement of maker of sickle has not been recorded. The statement of the person who sold alleged sickle to the applicant has been recorded, but there is discrepancy in the identification of the accused, as the accused was shown to him at the police station, without conducting identification parade. The tower location of the applicant would at the most show presence of applicant at Kurla, Mumbai - 400 070. Whereas, body of the deceased was found at Ghatkopar, Mumbai - 400 086.