NAZRUDDIN Vs. STATE

JUDGEMENT

(1.) Vide impugned judgment and order dated 07.04.1997, Appellants Nazruddin and Chandan have been convicted for the offence of having murdered Mohd. Saed-ul-Haq (here in after referred to as the 'Deceased;), for which offence they have been sentenced to undergo imprisonment for life and pay a fine in sum of Rs. 500/- each; in default to undergo rigorous imprisonment for six months.

(2.) Criminal law was set into motion at around 09.30 A.M. on 02.02.1994 when DD entry No. 14B, Ex.PW-17/A, was recorded by ASI Ram Murty to the effect that an unknown person has informed over telephone that a destitute person is lying dead in a drain near PAC camp.

(3.) On receiving a copy of the afore-noted DD entry, Inspector Mahipal Singh PW-23, accompanied by Const. Mukesh Kumar PW-22, proceeded to the drain in question where they saw that the deceased was lying dead in the said drain. Inspector Mahipal Singh took out the body of the deceased from the drain and conducted the personal search of the deceased whereupon he found a letter Ex.PW-1/A and a slip of paper Ex.PW-2/A in the pocket of the shirt of the deceased, which documents were seized by him vide memo Ex.PW-23/A. The slip of paper Ex.PW-2/A found in the pocket of the shirt of the deceased contained following writing:- 'Dr. Kiran Pal Singh V.P.O. Shoram Dist. Muzaffarnagar (U.P.)'. Inspector Mahipal Singh clicked three photographs Ex.PW-23/F1 to Ex.PW-23/F3 of the body of the deceased from his camera.