MOINUDDIN ALIAS PHAKKAR Vs. STATE OF U P

JUDGEMENT

(1.) This Criminal Appeal arises out of the judgment and order dated 10-2-1981, passed by Shri D. N. Sharma, the then IIIrd Additional District and Session Judge, Varanasi in Sessions Trial No. 22 of 1980 State v. Moinuddin alias Phakkar, convicting the appellants Moinuddin alias Phakkar and Qamruddin under Section 302 read with Section 34 of Indian Penal Code and sentencing them to undergo imprisonment for life.

(2.) Briefly stated, the facts of the case as narrated in the FIR are that the deceased Wahiduddin, on 24-9-1979 at 7-30 p.m. after taking his dinner, went out from the house. He did not return till 10.00 p.m. His father Hazi Walid Haq P.W. 1 started searching him. But he could not find his son Wahiduddin. He thought that he might have gone to see the circus and would come back at about 1 o'clock in the night. With this impression, he slept. In the morning, when he awoke, he found that the deceased Wahiduddin had not returned. Then he started searching for his son. The children of the Mohalla told him that his son was lying dead towards south of Chhoti Idgah near Shivrampur Police outpost. He went there and saw that his son was lying dead. About three days before this incident, the wife of the complainant had informed him that the accused Moinuddin alias Phakkar, Kamuruddin alias Kammu Kallu and Ratan (rickshaw puller), by befooling his son, had prevailed upon him to take her gold ornaments from the house. The demand of the ornaments from them by his son had given rise to enmity between the accused and his son. It was also stated in the FIR that in the night of the incident, many persons of the Mohalla had seen the son of the complainant with the accused. As per the FIR, the aforesaid persons had murdered his son.

(3.) On the FIR of the complainant, a case was registered. The Investigation of the case was entrusted to P.W. 17 Ram Dulare Tewari. The Investigating Officer recorded the statement of the complainant on the same day at the Police Station. Thereafter, he went to the spot where the dead body of Wahiduddin was lying on the road towards the south of Chhoti Idgah. The Investigating Officer held inquest on the dead body. He prepared the inquest report. The dead body was sealed and along with necessary papers was sent to the Mortuary through constable Rajendra Prasad P.W. 2 and constable Atma Ram for post mortem examination. The Investigating Officer inspected the place of occurrence and prepared site plan. He also took into possession the samples of the blood stained and plain earth from the place of occurrence. The Investigating Officer recovered one pair of chappal and one lid of liquor bottle also from the spot.