BASHEER ANSARI Vs. STATE

JUDGEMENT

(1.) Holding that two motives for the crime, firstly, to get rid of Sheikh Sattar so that the absconder co-accused Sheikh Zahir would not have to pay the rent which was outstanding to the deceased and secondly to commit dacoity, has been proved by the prosecution; further holding that appellants Rashidul Miyan and Basheer Ansari have been proved to be last seen along with absconder co-accused Sheikh Zahir and two other persons at the place where the deceased was found murdered with dacoity committed in the house; holding further that the mobile phone Ex.P-1 recovered from the personal search of appellant Basheer Ansari and the camera (also exhibited as Ex.P-1) and a SIM card Ex.P-3 got recovered by appellant Rashidul Miyan have been proved to be the ill-gotten gains of the dacoity, vide impugned decision dated October 24, 2013 the appellants have been convicted for the offence punishable under Section 396 IPC i.e. the offence of dacoity with murder. The two have been sentenced to undergo imprisonment for life and pay fine in sum of Rs. 25,000/- each, in default of payment of fine to undergo simple imprisonment for six months. For the offence punishable under Section 412 IPC (for retaining stolen property) the two have been sentenced to undergo RI for 10 years and pay fine in sum of Rs. 25,000/- each. The order on sentence is dated October 30, 2013.

(2.) Learned counsel for the State submits that there is one more incriminating circumstance against the appellants; of the two refusing to participate in the TIP proceedings before Sh.J.P.Nahar, Metropolitan Magistrate, Delhi fixed for June 06, 2011.

(3.) Since out of the two motives for the crime i.e. a desire to get rid of the deceased so that he would not be compelled to pay the outstanding rent is alleged against absconder co-accused Sheikh Zahir, we would be penned profiling the relevant evidence on which the learned Trial Judge has laid the foundation for the appellant's being convicted : (i) evidence of last seen; (ii) the evidence regarding recovery of a mobile phone at the time of personal search of Basheer Ansari and the recovery of a SIM card and a camera pursuant to the disclosure statement of Rashidul Miyan and at his pointing out. We shall also be noting the evidence concerning refusal by the two to participate at a TIP proceedings.