SHAMIM Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) ACCUSED preferred the criminal appeal from his conviction and sentence to imprisonment for life and a fine of Rs. 5000/ - and in default of payment of fine to suffer six months S.I. under Section 302/149 I.P.C. and R.L for one year under Section 147 I.P.C., per Judgment dated 29 -11 -2003 passed by 1st Additional Sessions Judge, Haridwar in session trial No. 431/1998.

(2.) JAMSHED was resident of village Peeki, P.S. Kotwali Dehat, District Saharanpur. He was employed at a coal making unit of Akhtar, resident of Sahpur, P.S. Bhagwanpur, District Haridwar situated in the forest of the village of Makhanpur in the vicinity of the Bhagwanpur Gagad Hedi Road, within the circle of P.S. Bhagwanpur, District Haridwar. Jamshed's wife Smt. Latifan, daughter Ms. Khusnuda, minor son Muntazir and minor brother -in -law (Devar) of Ms. Khusnuda were staying at the said coal making unit with Jamshed in the night between 20/21 -7 -1996. Some time in the dead hour of the night all these five were strangulated to death by unknown assailants. Akhtar the owner of the coal making unit was, in the morning, informed that all these live persons are lying dead at his unit. He went to the Police Station Bhagwanpur and on his information police reached there and formalities of holding inquests on the dead bodies were commenced by inspector G.B. Pandey (P.W 14) and S.L Data Ram (P.W9). The information of the incident was as per the endorsement on the inquest reports was received by the police at about 8 A.M. on 21 -7 -1996.

(3.) THE evidence of the prosecution reveal that after the information was given by Akhtar at the police station and inquests were held on the dead bodies, the ELR. of the case was lodged by Matloob, the brother of Jamshed deceased at 9.30 A.M. on 21 -7 -1996 and case crime No. 110/1996 under Section 302 I.P.C. was registered against the unknown assailants. The investigation was taken up by S.H.O. Inspector G.B. Pandey (P.WI4) who already had started holding the inquests on the dead bodies on the information about the incident given by Akhtar. After holding inquest the dead bodies were sent for post mortem and the post mortem of all the five deceased confirmed that the deaths of the five deceased were caused due to asphyxia as a result of strangulation in the mid night of 20/21 -7 -1996.