ABDUL WAHID AND OTHERS Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE both these appeals are directed against judg­ment and order dated 24.4.2007/2.5.2007 passed by Additional Sessions Judge/IIIrd F.T.C., Hardwar in Sessions Trial No. 272 of 2002 whereby the appellants Abdul Yahid, Sarafat and Samshad are convicted under sections 302/34 and 20f/34 and un­der section 120-B of Indian Penal Code, 1860 (for short I.P.C.). Each one of there has been sentenced to imprisonment for life and directed to pay fine of Rs. 10,000/- un­der section 302/34 IPC, rigorous impris­onment for a period of seven years and directed to pay fine of Rs. 5,000/- under sec­tion 201/34 IPC, imprisonment for life and directed to pay fine of Rs. 10,000/- under section 120-B of IPC.

(2.) HEARD learned Counsel for the par­ties and perused the lower Court record. Prosecution story in brief is that on 27.6.2001, a First Information Report (Ex­hibit A-l) was given by PW-1 Rati Ram, Chaukidar of village Sherpur at Police Sta­tion Laksar that a dead body of a girl is lying in sugarcane field of Patel (PW-2). On the basis of said report, Police registered crime No. 141 of 2001 relating to the of­fence punishable under section 302/201 IPC against unknown persons. Investiga­tion was taken up by PW-10 Sub Inspector N.R. Sagar who went to spot' alongwith police personnel and prepared inquest re­port (Exhibit A-7) on 27.6.2001 at 2.00 p.m., after taking dead body of deceased in his possession. At that point of time PW-9 Ibrahim identified the dead body as that of his daughter Fatima. He further prepared Police Form No. 13 (Exhibit A-8), sketch of dead body (Exhibit A-9), sample of seal (Exhibit A-10) and letter to Chief Medical Officer (Exhibit A-11). PW-5 Dr. P.K. Bhat-nagar conducted post-mortem examination on the dead body of Fatima on 28.6.2001 aged about 15 years and prepared autopsy report (Exhibit A-2). He found the continu­ous ligature mark around the neck of the deceased as ante mortem injury. He opined that deceased had died of Asphyxia due to strangulation. However, as to the rape, Medical Officer observed that no opinion can be given relating the said offence. Dur­ing the investigation, PW-3 Kallu and his wife PW-4 Aamna disclosed that they had seen accused/appellant Samsad with Fatma before her death. Recovery of Chap-pals of deceased were said to have been made on pointing out of accused/appellant Abdul Wahid from the house of ac­cused/appellant Sarafat. Later part of in­vestigation was -done PW-11 Asstt. Sub Inspector Dinesh Kumarwho filed charge-sheet (Exhibit A-13) against the three ac­cused/appellants, Abdul Wahid, Samsad, Sarafat and one Julfu.

(3.) THE oral and documentary evi­dence was put to the accused under section 313 of Cr.P.C. in reply to which they al­leged that the evidence produced against them was false and. they are innocent. However, no evidence in defence was ad­duced. After hearing the parties, Trial Court found that accused/appellant Abdul Wahid, Samsad and Sarafat are guilty of charge of the offence punishable under sections 302/34, 201/34 and 120-B, IPC. How­ever, no charge was said to have been proved against fourth accused Julfu who was acquitted by the Trial Court. After hearing on sentence, Trial Court sentenced each of three convicts to imprisonment for life and directed to pay fine of Rs. 10,000/- under section 302/34 IPC, rigorous imprisonment for a period of seven years and directed to pay the fine of Rs. 5000/- under section 201/34 IPC, imprisonment for life and directed to pay fine of Rs. 10,000/- un­der section 120-B of IPC. Aggrieved by the said judgment and order dated 24.4.2007/2.5.2007, these two appeals are filed by the convicts.