SAEEDUDDIN Vs. STATE

JUDGEMENT

(1.) AMAR Saran, J. This criminal jail appeal arises from a judgement and order dated 10.12.2003 passed by the Additional Sessions Judge/Fast Track Court No.1, Hamirpur convicting and sentencing the appellant Saeeduddin to imprisonment for life and a fine of Rs. 10,000/- under section 302 IPC, in case of default, the appellant was directed to further undergo two years simple imprisonment; ten years rigorous imprisonment and a fine of Rs. 5000/- under section 376 IPC and in default the appellant will have to further undergo one year simple imprisonment and five years rigorous imprisonment and a fine of Rs. 3000/- under section 201 IPC and in default, one year simple imprisonment. However, all the sentences were directed to run concurrently.

(2.) INITIALLY there were two accused persons, namely the appellant Saeeduddin and one Deepak alias Deepu, who were nominated in the FIR dated 20.1.2003 lodged at 12.30 PM at police station Kurara, district Hamirpur by Ram Khilawan, P.W. 1. However, the other accused Deepak alias Deepu was declared juvenile and his case has been separated and sent to the juvenile court.

(3.) IN brief, the facts of the case are that Ram Khilawan, PW 1 lodged a report on 20.1.2003 at 12.30 PM mentioning that his daughter Urmila, aged about 12 years had gone on the previous day, i.e. 19.1.2003 at about 9.00 AM to the orchard of Lala Ram Singh for collecting guavas and tomatoes. On that day, the watchmen of the said orchard, the appellant Saeeduddin and Deepak alias Deepu had told Urmila that she should come the next day with some "daal" and they would give her guavas and tomatoes. Urmila left for the orchard, having taken 'dal' from her sister Saraswati, P.W. 3. When Urmila did not return back for a long time, then the informant and others went out looking for her. In the morning of 20.1.2003 at about 11.30 a.m. her body was discovered. On 19.1.2003 Tejwa, PW 3 and one Gore Lal, who had come for marketing to Kurara saw Urmila at the orchard along with the appellant and the co-accused Deepak. In the evening the informant's father Kuddhi Lal, P.W. 9 had seen the appellant and co-accused taking out a loaded sack from the room in the orchard and dragging it towards the sugarcane field. He then named the appellant of having committed the crime and having hidden the corpse in a sack in the sugarcane field.