(1.) These two appeals are directed against a common judgment and order dated 16th August, 2001 passed by the learned Additional Sessions Judge in Sessions Case No.134/99. Before the learned trial judge, there were three accused persons, namely, Naushad, son of Mohd. Yunus, Nadeem @ Shamshad @ Sajid @ Shadre Alam @ Anil, son of Mohd. Ahmad and Mohd. Shammi, son of Moinuddin. In so far as Mohd. Shammi is concerned, he was convicted of an offence punishable under Section 202 of the Indian Penal Code (for short the IPC). He was sentenced on 22nd August, 2001 for the period already undergone by him in custody. Consequently, Mohd. Shammi has not filed any appeal against the impugned judgment and order. In so far as Naushad and Nadeem are concerned, they were convicted for offences punishable under Section 302 read with Section 34 of the IPC and Section 25 and 27 read with Section 54 and 59 of the Arms Act to undergo imprisonment for life and three years rigorous imprisonment respectively. The accused were also fined and it was directed that their sentences shall run concurrently. The present appeals, therefore, have been filed only by these two accused, namely, Naushad and Nadeem.
(2.) The case put up by the prosecution is that on 11th November, 1996, information was received to the effect that the dead body of a person was found lying near Shah Alam Bandh. A police party reached the site and found the corpse of a male aged between 30-35 years. The body could not immediately be identified by anybody but necessary investigations were conducted by taking photographs, summoning the dog squad, taking possession of samples of blood, preparation of site plan, etc.
(3.) Some time later, apparently as a result of some publicity having been given, the corpse was identified as that of Meer Mustrodin Abdullah Sherwani @ Swami. It appears that he was ordinarily a resident of Assam and his body was handed over to his wife Salma Begum after a post-mortem examination was conducted.