ANEES AHMED Vs. STATE

JUDGEMENT

(1.) ON 22.8.1996 at 8.20 PM an attempt had been made to strangulate Chanda Bi wife of Mukesh at Kardampuri, Azad Chowk. This information was recorded in D.D. No. 27. SI R.C. Sharma PW -14 along with Const. Kewal Singh PW -8 armed with this D.D.Ex.PW -11/A reached the spot i.e. House No. 397, Gali No. 4, Kardampuri where they met Chanda Bi. Her statement Ex.PW -1/A was recorded wherein she disclosed that she was residing in the aforesaid house along with her family members. On that day at about 7.00 AM her husband Mukesh Khan had left with his friend Anees Kabari for purchasing material from Okhla. Her husband was also a Kabari by profession. She knew Anees from before as he had been visiting her house. At about 3.00 PM Anees came to her house. She enquired from him about the whereabouts of her husband and why he had not returned. Anees told her that he had left Mukesh at the bus stop as he i.e. the deceased stated that he would be going to Wazirpur. She i.e. PW -1 went to purchase vegetables and returned back at 6.00PM. Her husband had not returned even by that time. Anees was still sitting in her house. She again made enquiry from him as to why her husband had not returned back. Anees became perplexed and started running. Chanda Bi i.e. PW -1 accosted him as to why he was running away upon which Anees gave her a push and fled. Her children telephoned the police. She suspected that her husband had been kidnapped by Anees and action should be taken. Upon this statement, endorsement Ex.PW -8/A was made by PW -14 and at 11.50 PM rukka was sent through Const.Kewal Singh PW -8 for the registration of the case. The formal FIR Ex.PW -13/A was recorded by Const.Devender PW -13 which was initially under Section 365 of the IPC.

(2.) AT about 7.00PM on the same day Chanda Bi had informed her brother Hazi Anwar Khan PW -2 about missing of her husband. He i.e. PW -2 reached the house of his sister and they tried to locate Mukesh Khan as also the accused but they could not be found.

(3.) ON the same day the accused led the police party, accompanied by Ashgar Ali Khan PW -3, and Putan Khan, PW -4 to E - 67, New Seelampur. From the said room one pant, shirt, under vest and a lungi were seized; from the pocket of the pant a sum of Rs. 3000/ - and one wrist watch of Seiko make was recovered. The said articles were taken into possession vide memo Ex.PW -3/A.