AJAY SHRIVASTAVA Vs. STATE

JUDGEMENT

(1.) THEY are heard. The applicant has been charged with an offence under Section 302 of the Indian Penal Code for committing murder of Jyoti, at village Bhumia, near Babbu, in the intervening night of 18th and 19th of February, 1999. The applicant denies commission of such offence.

(2.) IT appears from the prosecution case that on 18th of February, 1999 a dead-body was found in village Bhumia, near Babbu Dhaba within the jurisdiction of Police Station, Simga, District Raipur. A Marg No. 1/99 was, therefore, registered at Police Station, Simga. Subsequently, it was found that the dead-body was that of Jyoti alias Durga, who was reported to be involved in doing prostitution in association with co-accused Uma Gupta. Uma gupta is being tried under Sections 201/302 of the Indian Penal Code read with Section 6 (1) of Immoral Traffic (Prevention) Act. The case, against the applicant, however, is that he is liable for murder of Jyoti alongwith two co-accused - Sanjiv Choubey and Raju alias Rajiv Tiwari. It is alleged that the applicant alongwith the said co-accused persons murdered Jyoti by driving Maruti van over the body of the deceased in the intervening night of 18th and 19th of February, 1999. The applicant wants that this Court should quash the charge framed against him by the Trial Court, on the ground that there is nothing specific in the charge-sheet which would ultimately convict him under Section 302 of the Indian Penal Code.

(3.) IT is argued by the learned counsel for the applicant that oven if all the allegations made in the charge-sheet are accepted, there is no legal evidence direct or circumstantial against the applicant proving that he was one of the accused persons who drove Zen Maruti Car over the body of deceased Jyoti.