- (1.) This appeal has been filed by the appellant-Raju, who has been convicted for the murder of one Niranjan Singh. The trial Court convicted the appellant-Raju under Sections 302 and 201 of the Indian Penal Code, 1860 (for short 'the IPC') and acquitted one Barelal and Suresh of the same charges along with Section 34 of the IPC.
(2.) According to the prosecution, the deceased Niranjan Singh and the accused-Raju were employed by one Ganesh Prasad (PW-8), owner of a truck. Niranjan Singh was employed as a driver and the appellant was employed as a cleaner of the same truck. They had been asked to carry certain goods from Gwalior to Bhopal. This is not disputed. However, the appellant-Raju called the owner Ganesh Prasad from Udaipur and informed him that the vehicle was apprehended by the R.T.O. Ganesh Prasad, therefore, went to Udaipur along with another driver and got his vehicle released. The vehicle contained goods for Pune so he engaged another driver and cleaner and sent the vehicle to Pune. He asked the other driver by name Zakir regarding Raju's whereabouts and was told that Raju had left Udaipur saying that he is going to meet the owner. Zakir also said that he had not met the deceased Niranjan Singh. Thereafter, Ganesh Prasad, the owner of the truck had been informed by Raju that Niranjan Singh had fallen ill and medicines are being administered to him.
(3.) A complaint was lodged by father of Niranjan Singh that his son was missing. Eventually, Ganesh Prasad, the owner of the vehicle along with Phool Singh Rana, the father of Niranjan Singh and 3-4 other persons went to search for Raju at his village Dharampur. He was seen driving a tractor and was wearing the shirt of the deceased. The appellant said that he left Niranjan Singh at Delhi because he was ill. When asked about the explanation for the shirt of the deceased on him, he confessed that he had killed Niranjan Singh near Ghatigaon and the dead body has been thrown in Deopura located in the ravines of Chambal. He also stated that he had taken an amount ofRS. 7,000/- from the pocket of the deceased along with his driving licence and a diary. An FIR was lodged on 19.11.1999 at P.S. Morar.;