JAIBUN AND ORS. Vs. STATE

JUDGEMENT

(1.) Jaibun Nisha and her husband Rahis have been convicted for offences punishable under Ss. 120 -B/364/302/201 IPC vide impugned judgment dated May 19, 2000, and have been directed to undergo imprisonment for life for offence punishable under Sec. 302 IPC, rigorous imprisonment for a period of two years for offences punishable under Ss. 120 -B and 201 IPC and rigorous imprisonment for a period of 5 years for offence punishable under Sec. 364 IPC vide the order on sentence dated May 30, 2000. The learned Trial Judge has based the conviction on the last seen evidence of Sher Mohd. PW -2, extra -judicial confession made by Rahis to Alimuddin PW -10, recovery of the weapon of offence and the conduct of the deceased and Jaibun.

(2.) Police machinery was set into motion on receipt of a missing report at 9.30 AM on October 17, 1997 recorded vide DD No. 4A i.e. Ex.PW -4/A lodged by Yamin PW -4 informing that he was a mechanic by profession, his younger brother Tahseen aged 19 years was also repairing coolers and fans with him. On September 20, 1997 at 10.00 AM Tahseen left for the village Jilepura, District Bulendshahar, U.P. however he had neither reached the village nor returned back. Yamin described his brother Tahseen as 5 feet 5 inch height, wheatish complexion, black eyes, wearing a check shirt and navy blue colour pant. On October 20, 1997 Yamin again went to the Police Station and suspected kidnapping of his brother resulting in registration of FIR No. 544/97 under Sec. 365 IPC.

(3.) On October 29, 1997 S.I. Ajay Kumar PW -14, the investigating officer went to village of Tahseen where he recorded the statement of Faiyaz Khan F/o Tahseen PW -5 and Alimuddin, uncle of Tahseen PW -10. It was revealed to him that the body of Tahseen had been recovered on October 28, 1997 and post -mortem had been conducted. Thus he collected the post - mortem report and seized the other documents.