IDRIS Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) A complaint (Ext. Ka-1) was lodged by Vishal Tandon, son of victim Prakash Narayan Tandon with Police Station Kashipur Kotwali, enumerating the facts therein that victim retired from Revenue Department and was dealing with money-lending after retirement. Accused-appellant Idris, son of Imam, r/o Mohalla Ghasmandi, Kashipur, used to come to victim, pledge ornaments and borrow money from him. On 09.10.1997, Prakash Narayan Tandon told his wife in the morning that Idris's ornaments were to be returned. He instructed her to take out Idris's articles, as he would be coming to take them back. Subsequently when Idris came in the course of day and pressed the bell, Prakash Narayan Tandon opened the door. Idris was seated in the drawing room. Prakash Narayan Tandon went upstairs and informed his wife that Idris has come and the articles are to be returned. He took ornaments pledged by Idris and went to drawing room again. Idris and Prakash Narayan Tandon became busy in settling the accounts. At 2:30 p.m. informant (son of victim) along with his mother went to see a procession. When they came back at 9:00 pm, they found that victim was missing. When the informant went to the drawing room, he saw that the door was bolted from inside. Somehow the door was opened. When the same was opened, victim was found dead on the floor near sofa. He sustained incised wounds of knife (dagger). Neither the ornaments nor the money which were to be exchanged were found. Prakash Narayan Tandon was killed by Idris.

(2.) The FIR was registered well in time, upon which investigation started. After completing investigation, a charge sheet against the accusedappellant Idris and two others was filed for the offences punishable under Sections 302 and 394 IPC. Trial began before learned Additional Sessions Judge, District Nainital. Charges were framed against the accused- appellant Idris for the offences punishable under Sections 302, 394 and 411 IPC, to which he pleaded not guilty and claimed trial. Co-accused Shamim and Asif (nonappellants) were also charged in connection with offences punishable under Sections 302 and 394 IPC. Prosecution examined nine witnesses. Statements of accusedappellant as well as co-accused Asif were recorded under Section 313 Cr.P.C. in which they denied everything. The 3 rd accused Shamim died during the course of trial and therefore, the case against him was abated. No witness was produced in defence.

(3.) After conclusion of the trial, learned Additional Sessions Judge/III FTC, Nainital held accused-appellant Idris guilty of the offences punishable under Sections 302, 394 and 411 IPC. He was awarded imprisonment for life along with a fine of Rs. 10,000/-, in default of which he was required to undergo two months' further rigorous imprisonment as regards the offence punishable under Section 302 IPC; ten years' rigorous imprisonment along with a fine of Rs. 5,000/-, in default of which one month's further rigorous imprisonment for the offence punishable under Section 394 IPC and a fine of Rs. 5,000/-, in default of which he was required to undergo one month's rigorous imprisonment for the offence punishable under Section 411 IPC. All the sentences were directed to run concurrently. Aggrieved against the aforesaid order, present appeal was preferred by the accused-appellant Idris. Co-accused Asif was exonerated by the trial court.