STATE OF GUJARAT Vs. NURULHUQ ABDULHAQ SAIYED

JUDGEMENT

(1.) In an incident that occurred on 17-12-2007, in the house of Nurulhuq Abdulhaq Saiyed located on Tandalja road, Vadodara, it is alleged that said Nurulhuq Abulhaq Saiyed committed murder of his friend Abid Ali by severing the head of said Abid Ali with the help of a knife and wrapped the trunk and head of the victim in a plastic sackcloth and put it on the terrace of his house. A search for Abid Ali was started, and it is alleged that Nurulhuq informed the parents of victim Abid Ali that Abid Ali was taken away by some Bank employee. Nurulhuq claimed that he met with an accident with bicycle resulting into some injuries on his person and went to doctor and took treatment. When the police started inquiring about Abid Ali, it is case of the prosecution that they were asked not to make inquiry about Abid Ali, as he had been taken away by some Bank employee. When it was noticed that the light in the room, which was occupied by Nurulhuq, was on and the room was locked, so also, the door to the staircase for access to the room was also locked, a suspicion arose and Abdulhaq, father of Nurulhuq informed the police about the same. The police went to the place, broke open both the locks and found the rooms in a very disorderly situation with blood and blood-spots all around. The police went to the terrace, who found there the head and the trunk of the deceased wrapped in a plastic sackcloth.

(2.) Charge was framed against all the five accused persons at Exh. 8 for the offences punishable under Sees. 302, 201, 365, 176 and 114 of the Indian Penal Code ("I.P.C." for short), to which all of them pleaded not guilty and came to be tried.

(3.) The trial Court found that the prosecution was successful in proving the charges levelled against original accused No. 1, Nurulhuq Abdulhaq Saiyed for the offence of murder; whereas, against rest of the accused persons, the trial Court found that the offence punishable under Sec. 201 read with Sec. 114 of I.P.C. was proved, and the Court, therefore, recorded , conviction of all the accused.