RAJU @ RAJENDRARAJYA A ALIAS RAJU V. STATE OF MAHARASHTRA INSC 790

The case of Raju alias Rajendra v. State of Maharashtra (1997) involved two appellants, Rajya alias Raju (A-1) and Raju alias Rajendra (A-2), who were initially acquitted by the Sessions Judge, Wardha, of charges under Sections 302/34 of the Indian Penal Code (IPC) for murder. However, the Bombay High Court reversed this acquittal, convicting both under Sections 302/34 IPC and sentencing them accordingly. 

Upon further appeal, the Supreme Court of India examined the evidence against both appellants. For A-1, the Court found sufficient evidence to uphold the conviction, particularly noting that the deceased was last seen in the company of A-1, and subsequent circumstantial evidence pointed towards his guilt. Consequently, A-1’s appeal was dismissed.

In contrast, for A-2, the Supreme Court identified inconsistencies and gaps in the prosecution’s evidence. Notably, the father of the deceased (PW 1) failed to mention A-2’s name in the First Information Report (FIR), despite claiming to know him previously. This omission, among other evidentiary shortcomings, led the Court to conclude that the case against A-2 was not proven beyond a reasonable doubt. Therefore, A-2 was given the benefit of the doubt, and his conviction and sentence were set aside, resulting in his release.

In summary, the Supreme Court upheld the conviction of Rajya alias Raju (A-1) for murder under Sections 302/34 IPC, while acquitting Raju alias Rajendra (A-2) due to insufficient evidence linking him to the crime.