SHAUDAN Vs. STATE OF U.P.

JUDGEMENT

(1.) An FIR was registered at case crime No. 148 of 2000, under section 302, 201 I.P.C. at P.S. Bhopa on 27.6.2000 at 8.30 A.M by the informant Mohd. Sainul son of Mohd. Ishak alleging that the informant's brother Saimoon, co-villager Musharraf and Musharraf's brother Fakhrul and Javed and the co-villagers Mangta and Ikbal used to trade in hay (bhoosa) and had gone to Dhariwla, P.S. Kakrauli on 26.6.2000 for purchasing hay. Javed, Mangta, Ikbal and Fakhrul returned to their village Nagla Bujurg on 26.6.2000 at 3.00 P.M along with a trolley of hay. Saimun and Musharraf went on a scooter to Kasampur Khaula, P.S. Meerapur looking for more hay. When they did not return in the night, the informant thought that they may have spent the night with some relations. In the morning of 27.6.2000 at about 8.00 A.M, Saleem son of Fakeera and Irshad son of Hamid approached them and informed them that when they had gone to their sugarcane fields they had found Saimun lying in a drain near the sugarcane field of Saleem and the dead bodies of Musharraf and Shamshad ( resident of village Jatwara) lying on the chak road near the sugarcane field of Sarfaraz. There were marks of injuries on the three corpses and the pajamas of all the three deceased were tied on their necks and the hands of Samshad and Musharraf were tied with their "Tahmats". No one was named as an accused in the said FIR.

(2.) On investigation, the appellants Shaudan and Suleman were implicated in this case. Three other accused persons Sayyad, Zulfekar and Munfait were nominated subsequently in this case but they absconded. Shaudan, Zulfikar and Sayyad were arrayed as accused in S.T. No. 20 of 2003 under sections 364, 302, 201, 404 I.P.C and also in S.T. No. 21 of 2000, under section 25/4 of Arms Act.

(3.) Suleman who absconded and surrendered later was charged under sections 302/149 and 201 I.P.C and faced trial in S.T. No. 256 of 2011.