JABIR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The appellants were convicted under Ss. 302 of the Indian Penal Code, 1860 (hereinafter "IPC ") and sentenced to life imprisonment as well as 7 years under Sec. 364, IPC and imprisonment for 5 years under Sec. 201, IPC. Their conviction and sentence was upheld by the Uttarakhand High Court.(By judgment and order dtd. 5/10/2012 in Crl. No. 358/2004)

(2.) Haseen, aged about 7 years, was the son of Bisarat, (PW-1), a resident of village Akbarpur. He went missing on 8/10/1999. On 10/10/1999, at about 16:30, the dead body of Haseen was found in the sugarcane field of Yaqub in Village Narayanpur, situated at a distance from Akbarpur, Haseen 's village. Information was sent to the Police Station Manglor. Inquest proceedings were held by ASI Dalchand, PW-6. The post-mortem was conducted on 11/10/1999 by Dr. A.K. Jain (PW-9). According to his statement, death had occurred about two days before the post-mortem examination.

(3.) PW-1, Bisarat moved an application under Sec. 156(3) Code of Criminal Procedure (hereinafter "Cr. PC ") on 19/11/1999. Based on the order of the magistrate concerned, the first information report (FIR) was recorded on 21/11/1999. In the FIR, the informant alleged that his son Haseen was missing since 3 PM on 8/10/1999 and that despite search, he could not be found. He went to PS Manglor on 10/10/1999 on the day dead Haseen 's body was found. He also narrated about the post-mortem examination on 11/10/1999. PW-1 stated that he was busy in making inquiries. He was told by Sayeed Ahmad (PW-3) and Murad Ali (PW-2) that they had seen A-3 Husn Jahan taking deceased boy Haseen into her house on 8/10/1999 at about 3.30 PM. Suleman (PW-4) told him that on 9/10/1999 at about 6 AM he had seen Haseen standing along with A-1 Jabir and A-2 Jakir on the road near Yaqub 's sugarcane filed. He (PW-1) immediately went to PS Manglor to lodge the report on the morning of 12/10/1999, but his report was not recorded. He then met S.P., Haridwar on the same day, but police did not interrogate him or his witnesses nor take any action against the accused persons. Based on these allegations, the police investigated the incident, and during the course of those proceedings, arrested the accusedappellants.