DOST MOHD Vs. STATE

JUDGEMENT

(1.) Of the 7 accused who were sent for trial 5, namely, Tilak Ram, Hasan Ahmad, Mohd.Khalid, Shah Nazar and Mohd.Furkan have been acquitted. Appellants Dost Mohd. and Mohd.Gufran have been convicted.

(2.) The 7 accused were charged with the offence of entering into a conspiracy to murder Hassan Ali, his wife Rafat Jahan and their minor son Shehzad and in furtherance of the conspiracy to have kidnapped/abducted the said 3 persons in the month of June 2000 and murdered the 3 at village Daulatpur under jurisdiction of P.S. Kakroli, U.P.

(3.) Against the co-accused who have been acquitted, the learned Trial Judge has held that the testimony of Mohd.Nabi PW-5 and that of Sarfaraz PW-6 who claimed that they saw accused Mohd.Khalid, Mohd.Furkan and the appellants in the company of the deceased in the second week of June 2000 did not inspire confidence for the reason the prosecution had admitted that deceased Rafat Jahan had made a complaint against Mohd.Khalid and Mohd.Furkan pertaining to the death of her son Ahsan who was murdered in the village and that pursuant to the said complaint Hassan Ali father of Mohd.Furkan had been charged as an accused. The learned Trial Judge has accordingly opined that it would be difficult to believe that Rafat Jahan, her husband and her son would be seen in the company of Mohd.Khalid and Mohd.Furkan.