AJAM Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Since, all these appeals arise from one and the same first information report, they are heard together and being decided by this common judgment and order. However, in this judgment, wherever reference to prosecution witness ("PW") is made, it shall refer to the witness or the witnesses examined in Sessions Trial No. 97 of 2010, State v. Hafij Mustkeem and others, in the court of 1st Additional Sessions Judge, Roorkee, District Haridwar, unless otherwise expressly specified.

(2.) The case is based on FIR No. 348 of 2009, under Sec. 302 IPC, Police Station Kotwali, Roorkee, District Haridwar, lodged by PW 1 Irfan Ahmad, who was Village Pradhan on 8/8/2009 of village Piran Kaliyar, Police Station Kotwali Roorkee, District Haridwar. On that date, in the graveyard of Piran Kaliyar, dead bodies of a woman and a child, aged about 10 years, were found. After lodging of the FIR, the police reached at the spot, prepared inquests, investigation proceeded and charge sheets submitted.

(3.) The prosecution came up with the story that the appellant Imam Raza Naqvi was a tenant of the deceased Noor Jehan. He along with other co-appellants killed the deceased Noor Jehan and her son Abdul Rahmat, so as to grab her property. Initially, Charge Sheet No. 10 of 2010 was submitted against all the four appellants. The appellants Imam Raza Naqvi, Mohd. Rafi. @ Rafia @ Guddu and Ajam @ Ajeem @ Ikrar were shown as absconders in the charge sheet. Based on this charge sheet, cognizance was taken on 16/1/2010 and the case was committed for sessions trial against the appellant Hafij Mustakeem and proceedings of Sessions Trial No. 97 of 2010 were registered on 12/3/2010 in the sessions court.