MUNAWWAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The sole appellant, Munawwar, in this appeal assails his conviction for murder and kidnapping of a seven-year old boy, 'X' under Sections 302 and 365 read with Section 34 of the Indian Penal Code, 1860 (for short, 'IPC') as also causing disappearance of evidence of offence under Section 201 read with Section 34 IPC. The appellant stands sentenced to undergo imprisonment for life, seven years and three years rigorous imprisonment respectively, which sentences, it is directed, shall run concurrently (no separate sentence for fine has been imposed but we are not commenting and examining this aspect in the present appeal and judgment).

(2.) Learned counsel for the appellant has submitted that the principle of last seen has been wrongly invoked, for even if the Court were to accept the testimony of Mohd. Sayeed (PW-2), Ashraf (PW-3), Sayeed Ahmed (PW-5), and Mustak (PW-7), 'X' was last seen in the company of the appellant, along with the appellant's brothers Noor Mohammad, Tahir (since deceased) and a third person Shamim, at Laddawala, Muzaffarnagar, Uttar Pradesh on April 01, 1988, whereas two ransom notes were purportedly received by Mohd. Khurshid (PW-1), father of 'X', on April 03, 1988 and April 07, 1988, and subsequently, 'X's dead body was exhumed at a different location on April 18, 1988. Reference was made to Jaswant Gir vs. State of Punjab, 2005 12 SCC 438 and State of Goa vs. Sanjay Thakran & Another, 2007 3 SCC 755. The appellant also submitted that there was a delay in recording the First Information Report (FIR) under Section 365 IPC, which, it was highlighted, was registered at Police Station, Kotwali, Muzaffarnagar on April 07, 1988 at about 9:40 p.m.

(3.) We have considered the contentions but do not find any good ground and reason to differ and upset concurrent finding of conviction as recorded by the Additional District and Sessions Judge vide judgment dated August 19, 1992 and in the impugned judgment of the Allahabad High Court dated March 08, 2013.