AJAY SHRIVASTAVA Vs. STATE THROUGH P.S. SIMGA

JUDGEMENT

(1.) SHRI R.K. Thakur, counsel for the petitioner/applicant. Shri R.K. Rajput and Shri Prakash Gupta (P.L.) for the State/respondent. 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 along with two co-accused Sanjiv Choubey and Raju alias Rajiv Tiwari. It is alleged that the applicant along with 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 appears that the learned Sessions Judge was also of the view that there is no direct evidence against the applicant. However, he was further of the view that there is circumstantial evidence against all the accused persons including the applicant.