ZAKIR AND ANR. Vs. STATE

JUDGEMENT

(1.) This criminal appeal has been preferred by the Appellants Zakir and Rashid against the judgment and order dated 27 -11 -1993, passed by the Additional Sessions Judge, Roorkee, in Sessions trial No. 10 of 1991 State v/s. Zakir and Ors. convicting the accused/Appellants Zakir and Rashid Under Ss. 364, 302 and 201 I.P.C. and sentencing both of them to undergo 10 years R.I. Under Sec. 364 I.P.C; life imprisonment Under Sec. 302 I.P.C. and 2 years R.I. Under Sec. 201 I.P.C. All the sentences were to run concurrently. Co -accused Masoom Ali and Parash Nath were acquitted Under Sec. 201 I.P.C. for which they were charged.

(2.) Brief facts of the case are that on 31 -5 -1990 Sundar Lal resident of Mohalla Bahar Qilla Manglaur lodged first information report at P.S. Manglaur, District Haridwar with the allegations that on 31 -5 -1990 his daughter Km. Mamtesh was sewing clothes at his house. At about 10 A.M. accused Rashid Ali came at his house and carried his daughter Km. Mamtesh on the pretext that her sister has called her. When his daughter did not return, the complainant made search for her but all in vain. He also alleged in the F.I.R. that Km. Mamtesh was aged about 13 years. He also suspected that Km. Mamtesh may be murdered by Rashid and his elder brother Zakir. On the basis of the written F.I.R. chick F.I.R. Ext. Ka.3 was prepared at the Police Station Manglaur and a case Under Sec. 364 I.P.C was registered against accused Rashid and Zakir in the General Diary, the carbon copy of which is Ext. Ka.4.

(3.) S.I. Yogendra Kumar Sharma has conducted the investigation in the case. On 1 -6 -1990 he recorded the statements of the witnesses and prepared the site -plan, Ext. Ka.5, of the room of the complainant where his daughter Km. Mamtesh was sewing clothes. On 2 -6 -1990 the I.O. took into his possession the cycle in which the dead body of Km. Mamtesh was allegedly carried by accused and prepared recovery memo, Ext.Ka.8. He made search of the accused. On 3 -6 -90 at about 2.30 P.M. arrested accused Zakir and Rashid. On 4 -6 -1990 the I.O. interrogated the accused Zakir. Accused Zakir informed the I.O. that the scarf (Chunari) of Km. Mamtesh was kept by him at his house. At this the I.O. made entry of this fact at report No. 14 at 8.50 A.M. and carried the accused to the place where the scarf (Chunari) was kept by him. The accused handed over the scarf (Chunari) after taking out from inside his house in presence of public witnesses Hari Kishan Gupta and Madho Ram. Sundar Lal and Saroj were also present there. The I.O. prepared recovery memo, Ext. Ka.2 of scarf and also prepared site plan of the place of recovery, Ext. Ka. 6. The complainant Sundar Lal and his wife Smt. Saroj identified the Chunari belonged to their daughter Km. Mamtesh. The accused also confessed to the I.O. that Mamtesh was murdered by them. The I.O. prepared the site -plan, Ext.Ka.7 of the place where Km. Mamtesh was allegedly murdered. He also prepared site plan, Ext. Ka.9 of the place where the dead body of Km. Mamtesh was thrown by the accused after committing her murder. Thereafter the investigation was transferred to S.I. Ajay Kumar Yadav, who after completion of investigation, submitted charge sheet, Ext. Ka. 11 against the accused/Appellants Rashid and Zakir and co -accused Masoom Ali and Parash Nath.