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The Bombay High Court in the case of Rajkumar Chaurasiya v. The State of Maharashtra while hearing the bail application via video conferencing of a man who has been accused of honor killing of a daughter for marrying against his will an offense punishable under Section 302 IPC. Justice Prakash Deo Naik noted that the case was wholly based on circumstantial evidence.
The Prosecution submitted that the daughter of the accused married against his wishes and when the husband wanted to go to their native the accused was not happy as it would cause damage to his reputation. He, therefore, called the daughter at the place of incident and murdered her using a sickle. The Body was then thrown at a footpath in Ghatkopar. The alleged murder weapon was recovered from the applicant during the course of the investigation. The Additional Public Prosecutor Rutuja Ambedkar submitted that there was a strong motive, and evidence supporting the charge sheet.
Advocate Ganesh Gupta representing the applicant submitted that the entire case is to be proved by circumstantial evidence. There was no cogent evidence and no previous criminal records against the applicant. Further, his relationship with his daughter was cordial. The recovery of the sickle under Section 27 was unreliable as the statements into that knife were used to commit the crime. The seller of the sickle identified the buyer as the applicant but a proper identification parade was not done to ensure its certainty. The tower locations show that both the applicant and deceased were at the place of incident in Ghatkopar but at the time of the crime, the applicant's tower location was shown at Kurla. Therefore, even these were unreliable.
The Court Observed that a lack of eyewitnesses and discrepancies in the actual murder weapon and the fact the no adverse inference can be drawn with the rest of the evidence granted the accused bail. The applicant was asked to furnish a provisional cash bail of Rs. 25000 for the surety period of 12 months.
Case Number: Criminal Bail Application No.314 of 2020; Case Name: Rajkumar Chaurasiya Vs. State of Maharashtra; Coram: PD Naik J; Counsel: Adv. Ganesh Gupta
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