IMPORTANT POINT
In cases relying on circumstantial evidence, the prosecution must establish a strong motive, reliable witness testimony, and a complete chain of evidence to prove guilt beyond a reasonable doubt.

JUDGMENT :

1. When the deceased Ajay Kumar who was a student of B.A. in the D.A.V. College had gone missing then an application for missing/first information report was lodged on 8.1.1980 with allegations that the first informant had given Rajesh Kumar, a friend of his nephew Ajay Kumar, Rs. 700/-for getting diesel which was in short supply then, on 6.1.1980 at around 5:00PM and when till 7.1.980 till around 11:00AM, Rajesh Kumar did not come with the diesel then he sent his nephew Ajay Kumar to him who thereafter went missing. It had further been stated in the application/first information report that despite extensive search Ajay Kumar had not been found. He states that even Rajesh Kumar also was not to be found. The first informant/applicant, therefore, prayed that Ajay Kumar, his nephew, be searched out.

2. This application/F.I.R., with regard to Ajay Kumar going missing, was entered in the Police Report at GD-25. The chick as was prepared of the first information report lodged was exhibited as Exhibit – Ka-8 and was written by the Head Moharrir Jagdish Sharan for offences under Section 364 IPC. On. 8.1.1980 investigation of the case was entrusted to the PW-10 Rajendra Pal Jain, Sub-Inspector and he commenced the search for Ajay Kumar. Thereafter, the investigation was handed over to PW-13 K.C. Tyagi, who in the course of investigation reached Sarwat Gate and from an informer he got information that the accused Rajesh Kumar had gone a little earlier towards Minakshi Talkies and from there he could be arrested. On the basis of this information along with police personnel on 9.1.1980 in a patrol car PW-13 reached the cross-road of Minakshi Talkies where he came across witnesses Kharag Singh, Rishipal, Yusuf and Rajeshwar and took them alongwith him.

3. From the record, it appears that Rajesh was seen approaching the Investigating Officer from the side of the Minakshi Talkies. The appellant-accused Rajesh Kumar was thereafter arrested at around 6:00pm. Upon an interrogation the accused Rajesh told that he could lead the police party to the clothes, with which the dead body of the deceased Ajay Kumar, was wrapped. He also stated that he would get recovered the baniyan and other clothes which could be found in the room of the house of one Sukhveer situate in Mohalla Keshavpuri wherein in room no. 14 one Ombir (another accused) lived. Upon getting this information, PW-13 K.C. Tyagi reached the Room No. 14 where, it had been stated by Rajesh that, the dead body was to be found. He had stated that in the Room No. 14 of the premises owned by PW-12, Sukhveer Singh, the dead body was to be found wrapped in a bedding below the cot.

4. When the police party along with the accused Rajesh reached the room in question, the key of the lock was not there with Rajesh and, therefore, PW-13, the Investigating Officer K.C. Tyagi, pushed the door and the door opened. It has been stated in the statement of the PW-13 that the time at which the door was opened was around 7.45PM. Thereupon, Rajesh entered the room and in the light of various torches the bedding was taken out in which the dead body of Ajay Kumar was allegedly wrapped. The bedding was opened in the presence of witnesses and the corpse of the deceased Ajay was recovered and it was identified by the witnesses. A slip of plastic was found on the neck of the deceased and a baniyan was also found stuffed inside his mouth. There and then, it has been alleged that the recovery memo was prepared as Exhibit – Ka-2 by PW-13 in the presence of witnesses who had accompanied him to the spot. Thereafter, recovery memo of the said dead body was sent by the PW-13, K.C. Tyagi, along with constables – Satyapal and Baburam – for adding Section 302 and 201 IPC in the first information report which was already lodged on 8.1.1980.

5. Further case of the prosecution is that thereafter when there was shortage of light in the evening of 9.1.1980, the inquest was not done there and then in the night but was adjourn