NAVIULLAH Vs. STATE OF U P

JUDGEMENT

(1.) Challenge in the present appeal is to the Judgment and order dated 10.05.2005, passed by IV Additional Sessions Judge, Gonda in Sessions Trial no.59 of 2002 arising out of Case Crime No.132 of 2000 Police Station Sadulla Nagar, District Gonda (Present District Balrampur), whereby appellant-accused was convicted under Section 302 IPC and sentenced to life imprisonment with fine of Rs.10,000/- and two years rigorous imprisonment in default stipulation.

(2.) The brief conspectus of prosecution version shun unnecessary details is such that P.W.1 Masiuddin S/o Zhau R/o Village Ali Kulhiya, Pure Kulhiya, P.S. Sadulla Nagar the then District Gonda now Balrampur lodged a report at Police Station Sadulla Nagar on 13.03.2000 at 8.15 a.m., got written by Majibullah Siddiqui of Village Newada, that his daughter Reshma Bano aged about 9 years left home towards North at about 7.00 PM on 11.03.2000 to purchase biscuit from a nearby kiosk (Dabli) but disappeared in front of the house of Tikai Verma, he then alongwith other villagers went in search of his daughter but could not found till the morning of 13.03.2000 when he found the mutilated cadaver of his daughter in the sugarcane field of Tikai Verma. The chik FIR no.28 (Ext.Ka10) was prepared by Head Moharrir Ravi Pratap Singh (P.W.7) at P.S. Sadulla Nagar on 13.03.2000 at 8.15 AM and Case Crime No.132 of 2000 was registered under Section 302, 201 I.P.C. against unknown miscreant, the text of which was entered in GD no.16 (Ext.Ka-9); SO Vijay Bahadur Singh has been entrusted the investigation and after collecting other material and completing requisite procedure of investigation submitted charge sheet under Sections 302, 201 and 376 I.P.C. The case was committed to the court of Sessions.

(3.) The Sessions Judge has framed charges against the appellant under Sections 302, 201 and 376 I.P.C. The case of the appellant was of false implication and claimed trial. The prosecution in order to prove its case examined eight witnesses. P.W.1 Masiuddin (father of deceased), P.W.2 Ramzan Ali (real paternal uncle of deceased), P.W.3 Rabia (mother of deceased), P.W.4 Nur Mohammad (witness of memo of recovery of excreta of deceased & plain earth, scissor, cloth of appellant, cloth of deceased, plain & blood soaked earth), P.W.5 Dharm Raj (last seen witness), P.W.6 Indra Dev Dubey A.C.J.M. (recorded statement of appellant u/s 164 Cr.P.C.), P.W.7 Ravi Pratap Singh (scribe of chik FIR, GD & appeared as secondary witness for I.O. Vijay Bahadur Singh) and P.W.8 Dr.P.S.Singh (conducted post mortem of deceased); the appellant has produced two witnesses D.W.1 Home Guard no. 2312 Amin Ahmad (he alongwith a constable took appellant to court on 15.03.2000 at 10.15 a.m.) and D.W.2 Mahesh Dutt Tiwari, Bandi Rakshak, District Jail Gonda (produced Gate Book of Jail filed a copy of Jail register dated 15.03.2000, 19.20 hrs. (Ext.Kha-1).