JUGRAJ JANI Vs. STATE OF M P

JUDGEMENT

(1.) The petitioner Jugraj Jani, charged under section 302 I.P.C. for murdering Balkishan, has filed this petition under section 482 of the Cr. P.C. for discharge/quashment of the proceedings on the linchpin that there is no material as such justifying trial and continuance of criminal proceedings.

(2.) Facts in brief, leading to the challan and eventual charge, are that on 5.2.1991, the applicant and others had gathered in the club of the Cement Factory Nayagogan for certain games like Carrom and Cards. The deceased is alleged to have arrived there in the mood of creating scene and insisting on participation, despite being drunk. It is said that in an effort to combat the unruly conduct, the deceased had to be seen off. The episode, trivial in nature, ended there. Later, the dead body of the deceased was found. A case of suspicious death was registered. Finally, the applicant was implicated mainly due to earlier incident as noted above. The evidence is thus of last seen together. There is admittedly no other link in the case - In Sessions Trial No. 214/92 (State v. Jugraj), pending on the file of 1st Additional Sessions Judge, Neemuch the applicant-accused stands charged above and is consigned to face the ordeal of trial.

(3.) I have heard Shri P.K. Saxena, learned counsel for the applicant and Shri G. Desai, learned Dy. Government Advocate for the State.