HASHMAT ALI KODHI Vs. STATE OF U P

JUDGEMENT

(1.) -This appeal has been preferred from jail against the judgment and order dated 20.8.1996, passed by IInd Additional Sessions Judge, Bareilly, in Sessions Trial No. 1054 of 1994 convicting the appellant under Sections 302 and 377, I.P.C. and sentencing him to undergo imprisonment for life and fine of Rs. 2,000 under Section 302, I.P.C. and R.I. for a period of five years and fine of Rs. 1,000 under Section 377, I.P.C. In default of payment of fine he was further sentenced to one year R.I. on each count.

(2.) THE prosecution story, briefly stated, was that the appellant Hashmat was suffering from leprosy. He was turned out of the village and was residing in a room constructed near Imratiya Tal. Rafiq Ahmad deceased aged about 12 years was son of Laiq Ahmad (P.W. 1). On 22.9.1994, Rafiq Ahmad deceased along with Ansar Ali (P.W. 4) aged about 10 years was grazing his she-goats at Ram Tundmai near his village. At about noon appellant Hashmat came there and took Rafiq deceased under the pretext of providing sugarcane to him. THE appellant was also seen taking the deceased towards sugarcane field by Irshad (P.W. 2). Rafiq deceased did not return to his house in the night. His father Laiq Ahmad (P.W. 1) searched him but he was not traceable. THErefore, he lodged report at P.S. Cantt. Bareilly, at 1.00 a.m. on 23.9.1994 that his son was missing. THE above report was endorsed at G.D. report (Ext. Ka-8) by constable clerk Gayasi Ram. On 23.9.1994 Laiq Ahmad (P.W. 1) was searching the deceased along with villagers and the police. While he was searching the deceased Suleman Khan, Shamshad and Irshad (P.W. 2) told him that on previous day at about 12.00 noon they had seen his son Rafiq deceased along with Hashmat appellant going towards sugarcane field of Babu Kalev Ali Khan. On above information Laiq Ahmad (P.W. 1) and other persons went towards above sugarcane field where dead body of Rafiq deceased was lying. THE dead body was naked and underwear was lying near his legs. THEre were ligature marks on the neck of the deceased and blood on his anus. Leaving dead body there Laiq Ahmad (P.W. 1) again came to police station cantonment and lodged written report (Ext. Ka-1). On the basis of written report chik F.I.R. (Ext. Ka-5) was prepared by head constable Yad Ram Singh (P.W. 8) who made an endorsement of the same at G.D. report (Ext. Ka-6) and registered a case against the appellant under Sections 377 and 302, I.P.C.

(3.) ON 24.9.1994, the Investigating Officer apprehended the appellant from his kothari and on his pointing out recovered a rope and on completion of investigation submitted charge-sheet against the appellant.