Sidhan Xess vs State Of Chhattisgarh And Ors

Prashant Kumar Mishra, J

Applicant is son of deceased Ruben Xess, who was murdered by firing gun shot at about 7 pm on 18.10.2016. The accused persons allegedly hired a killer belonging to the State of Jharkhand, arranged a vehicle for his travel to the place of occurrence and were in contact with the hired killer over mobile phone and paid Rs.50,000/- to him for committing murder.

The prosecution went on trial on the basis of circumstantial evidence in the nature of memorandum statement and consequent seizure of their own mobile sets, motorcycle and the vehicle which was used for bringing the assailant from the State of Jharkhand, however, none of the said articles were used as weapon to commit murder. The call details would only prove that the accused persons spoke to some persons in the State of Jharkhand, but the person to whom they spoke has not been arrested nor his mobile/SIM has been recovered. Admittedly, there is no eye witness to the crime. There is no evidence either to the effect that the accused and the deceased were last seen together nor there is evidence in the nature of extra judicial confession or recovery of the weapon of offence from the accused.

There is absolutely lack of reliable and cogent evidence to prove the charges against the accused.

No case for grant of leave to appeal is made out. Accordingly, the CRMP is dismissed.