NOOR MOHAMMAD Vs. STATE

JUDGEMENT

(1.) HEARD Sri Apul Mishra, Advocate for the appellants, Ms. Usha Kiran, AGA and perused the record. This criminal appeal has been preferred challenging the validity and correctness of the judgment and order dated 19.8.92 passed by the Vth Additional Sessions Judge, Muzaffarnagar in S.T. No. 342 of 1988, State versus Noor Mohammad and others, convicting the appellants Noor Mohammad alias Anwar,Tahir, Munawwar and Shamim under Section 365 IPC, 302 read with Section 34 IPC and 201 read with Section 34 IPC and sentencing each of them to undergo 7 years' RI, imprisonment for life and 3 years' RI respectively. The trial Court further directed that all the sentences to run concurrently. Brief facts of the case are that a written report was submitted by the complainant Mohd. Khursid son of Mohd. Isha resident of 437 Laddawala, Muzaffarnagar on 7.4.88, inter alia, that when his son Mohd. Gulfam alias Monu had gone to the 'Parchun' shop of Waheeda at about 4 'o' clock in the evening, Tahir, Munawwar and Noor Mohammad sons of Kallu, who are related to him had abducted his son. On asking them about the boy they had not said anything about his whereabouts but told him that his son will come. On 3.4.1988 a hand written letter was received by the complainant in which a ransom of Rs. 21,000/ - was demanded. The complainant requested Tahir that he was a very poor person and cannot give such a big amount on which he was assured by Tahir that he will get him more time for payment of ransom money and after a letter was got written by Tahir from the complainant to the effect that arrangement for the ransom money is being made and it will be paid in 4 -5 days. Thereafter, Tahir took the letter and told him that he has been given time and since then the complainant has been making inquiries about the boy but has not come to know about his whereabouts. It is also averred in the written report that today i.e. 7.4.1988 a second letter was thrown inside his house by Shamim resident of Manglore, (who is brother -in -law of his brother -in -law) and he ran away. On picking up the letter he saw that a ransom of Rs. 22,000/ - was demanded, which was to be paid by the evening. As he could not make arrangements of the ransom money he has come to the police station for lodging the report. His son Mohd. Gulfam alias Monu a/a 7 years and the aforesaid persons have hidden for the purpose of ransom.

(2.) ON the basis of written report FIR was registered at case crime no. 169/1988, under Section 365 IPC against accused persons on 7.4.1988 at about 21.40 hours. The place of occurrence is about 1 km. south -west from the police station. The investigation of the case was taken over by SI Prem Shankar Dwivedi. The police on receiving information at about 2.45 P.M. regarding whereabouts of accused Noor Mohammad alias Anwar son of Kallu resident of 437, Laddawala , P.S. Kotwali Muzaffarnagar, named in the FIR and he was arrested. On inquiry, he admitting his guilt stated that he had hidden the body of Mohd. Gulfam alias Manu near the bore well in village Bajhedi, along with the knife used in his murder which he can get recovered. The police on pointing out of accused Noor Mohammad alias Anwar went to the bore well aforesaid and recovered body of deceased Mohd. Gulfam alias Monu as well as blood stained knife said to have been used in doing away the son of the complainant. The body of Gulfam alias Monu was taken out from the ditch near the bore well for inquest. Plain and blood stained earth was sealed from the spot inside two separate boxes by the Investigating Officer, which was sent for chemical examination to Forensic Science Laboratory.

(3.) THE internal examination of the body showed that all chambers of the heart weighing 100 grams were empty. Peritoneum was congested. Cavity was full of clotted blood Stomach was found empty. Small intestine contained 3 loops incised and large intestine contained right ascending colour incised. The gall -bladder was incised at two places weighing 700 grams. The spleen was liquified wighing 100 grams. Kidneys contained 100 grams semi -solid. According to the doctor, the death has occurred 2 -3 days ago and as a result of shock and haemorrhage due to injuries on abdomen. After post mortem on 19.4.1988, the body of Mohd. Gulfam alias Manu was returned with police papers and item nos. 1 to 4 i.e. plain and blood stained earth, knife, 'Payazama' and 'Kurta' small recovered from inside the cadaver of deceased, which were sealed for chemical examination by the Forensic Science Laboratory, U.P. Agra. On conclusion of the investigation chargesheet was submitted in the Court of Magistrate concerned, who committed the case to the court of Session where it was registered as S.T. No. 342 of 1988. The trial Court framed charges under Sections 365 IPC, 302 read with Section 34 IPC and 201 read with Section 34 IPC against accused -appellants Noor Mohammad alias Anwar, Tahir, Munawwar and Shamim to which they pleaded not guilty and claimed to be tried.