NOOR FATIMA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Akash Deep Srivastava, learned counsel for the appellant and Sri Ratan Singh, learned AGA for the State on admission of the appeal and perused the record.

(2.) The respondents-accused were charged for committing an offence under Sec. 364, 302 and 201 IPC in Case Crime No.56 of 2012, P.S. South, District, Firozabad.

(3.) The prosecution case, briefly stated, is that on 7/1/2012, the informant Noor Fatima gave a typed information to the Superintendent of Police, firozabad stating that her son Furkan had enticed away Sindal daughter of Late Khalil and had married her after running away from the home. Danish (respondent no.2) brother of Sindal used to keep animosity from the informant..s son and Danish forcibly took away his sister Sindal from the informant..s house. Thereafter he got a forged Talaknama prepared. It is alleged that Danish used to beat and threaten the informant..s son. On 1/1/2012 at about 08:00 P.M., informant..s son Furkan received a call on his mobile no. 7417110595 and when she asked her son that who had made phone call, she said that Zubair alias Chapta (respondent no.3) had made the phone call and he left home. Nadeem son of Manjoor and Irfan son of Zahid had seen Furkan with Zubair alias Chapta at Urvashi Chauraha at 08:30 P.M. and Danish was also standing there at a short distance. Since then informant..s son did not return home. The informant alleged that Danish and Zubair alias Chapta have abducted her son along with their companions and they have killed her son. During trial, as many as nine witnesses were produced by the prosecution to prove its case. Accused produced Mohd. Monis as D.W.-1. The learned Trial Court has stated that as the case is based on circumstantial evidence, motive for committing the murder assumes much significance. The informant Noor Fatima (P.W.1) has stated in the FIR that her son had enticed away and married Danish..s sister Sindal and due to this Danish used to keep animosity against Furkan. Danish is a man of criminal nature. Along with his accomplices, Danish threatened and forcibly took away Sindal from the informant..s house and he got a fictious Talaknama prepared. However, in her cross examination, P.W.1 stated that Danish or any member of his family did not register any case against Furkan. She expressed ignorance regardding whether both the families were at talking terms or whether there was any tension between their families.