NAZIM Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present case has its genesis in the tragic and unnatural death of a young boy, Muntiyaz Ali, aged merely ten years. On the morning of 5/6/2007, he went to the family's mango orchard near Kishanpur to stand guard, but he did not return home. By late evening, his prolonged absence caused alarm and his father, Nanhe Khan (PW-1), organised a search with family members and co " 'villagers. Their efforts proved fruitless. At first light on 6/6/2007, PW " '1 resumed the search and discovered Muntiyaz's lifeless body beneath a mulberry tree near a pit on the family's land. A rope was found tightened around his neck, his hands tied behind his back with a rope, and an axe drenched in blood lying close by.

(2.) PW-1 immediately lodged a written complaint at Police Station Jaspur. In his complaint, he expressed suspicion against six co-villagers with whom he had a long-standing enmity, namely Wahid, Muslim, Arman, Jahangir, Zahid and Babu. Notably, two of the three present Appellants, namely Nazim and Aftab, were not named in the initial First Information Report (hereinafter referred as"FIR"). The police registered FIR No. 966 of 2007 under Sec. 302 of Indian Penal Code, 1860 (hereinafter referred as"IPC") on 6/6/2007 at about 10 in the morning. Subsequently, during the investigation, Nazim and Aftab were also implicated, and a charge " 'sheet was filed against all the accused persons under Ss. 302, 201, 377 and 120-B IPC.

(3.) The case was committed for trial before the Court of the Ld. Additional Sessions Judge, Kashipur, District Udham Singh Nagar (hereinafter referred as"Trial Court") where it was registered as Sessions Trial Nos. 40 of 2008 and 40A of 2008. After a full-fledged trial, the Ld. Trial Court vide its judgment dtd. 5/4/2014, acquitted five of the accused, namely Wahid, Muslim, Jahangir, Zahid and Babu of all charges. The present Appellants namely, Nazim, Aftab and Arman Ali, were convicted under Ss. 302, 201 and 120-B IPC and acquitted under Sec. 377 of IPC. The Ld. Trial Court sentenced each of them to undergo life imprisonment under Sec. 302 of IPC, along with a fine of Rs.5,000.00 each and in default thereof, to further undergo rigorous imprisonment for one year. For the offence under Sec. 201 of IPC, they were sentenced to undergo rigorous imprisonment for a period of seven years and a fine of Rs.3,000.00 each and in default thereof, to undergo rigorous imprisonment for a period of 6 months. Additionally, they were also convicted for the commission of an offence under Sec. 120(B) of IPC read with Sec. 302 of IPC and sentenced to life imprisonment and fine of Rs.5,000.00 each and in default thereof, to further undergo rigorous imprisonment for one year. The Ld. Trial Court directed that all the sentences were to run concurrently.