SAJJAD HUSSAIN Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal has been directed against the judgment and order dated 29 -4 -1981 passed by 2nd Additional Sessions Judge, Rampur in Sessions Trial No. 45 of 1980 convicting the appellants under Section 302 read with Section 34 and sentencing each of them to imprisonment for life and further convicting them under Sections 120 -B and 201 I.P.C. and sentencing each of them to undergo R.I. for a period of two years and three years respectively. All the sentences were ordered to run concurrently.

(2.) THE prosecution story, briefly stated, was as under: Naeem Khan (20) deceased was working as clerk in Fida Cold Storage and Ice Factory, Rampur, owned and run by the appellants. It is alleged that after his duty hours the deceased was engaged as tutor to teach daughters of appellants Babbu and Fida Hussain. The duty hours of the deceased in the cold storage were from 8.00 a.m. to 12.00 noon and from 1.00 p.m. to 5.00 p.m. It was routine of the deceased to come to his house to take his lunch between 12.00 noon and 1.00 p.m. On 21 -4 -1979 at about 7.30 a.m. Naeem Khan deceased went from his house on bicycle to join his duty to the above cold storage. He reached the above cold storage at about 8.00 a.m. On that day he did not return to his house in lunch hours. It is alleged that on said day Ahmad Jan Khan (P.W. 5) and Safi Ahmad (P.W. 6) had gone, to the said cold storage in connection with storage of their potato. There they saw that appellants Babbu and Sajjad Hussain were scolding of and abusing the deceased and thereafter they dragged him towards a Kothri in front of the office of the cold storage. When the deceased did not come to his house in the night up to 8.30 p.m. his father Mohammad Hussain came to the cold storage at about 9.00 p.m. along with Dulha Khan and Mehandi Husan (P.W. 2) to know about the whereabouts of his son. They enquired about the deceased from Babbu and Sajjad Hussain appellants who told that at about 12 -12.30 p.m. deceased had gone to the water tank for taking water and thereafter he did not return. Mohammad Hussain (P.W. 1) went to the tank of the cold storage but the deceased could not be traced. After searching deceased at his relations Mohd. Hussain (P.W. 1) again came to cold storage of the appellants. The Kothri in front of the office of cold storage was locked. Mohammad Hussain and others asked the appellants Babbu and Sajjad Hussain to open the above Kothri. They told that the key of the lock was lying with the deceased. Mohammad Hussain (P.W. 1) searched the deceased at other places but he could not be traced. Consequently, on 22 -4 -1979 he moved an application to police of P.S. Ganj about missing of his son. The above report was endorsed at G.D. report at 12.05 p.m. S.I. Devi Singh Pawar (P.W. 11) was entrusted with enquiry regarding above report. He reached at the cold storage of the appellants and made enquiry. On 23.4.1979 at about 5.00 a.m. appellant Sajjad Hussain came to the police station Ganj and handed over a written report mentioning that dead body of Naeem Khan deceased, who was missing since midday of 21.4.1979, was found floating in the tank of cold storage at about 3.00 a.m., the information regarding which was given to him by his operator Sri Jagdish Chandra Sharma. The above report was endorsed at G.D. report and S.I. Devi Singh (P.W. 1 1) reached at the cold storage along with other police officers. The dead body of the deceased was removed from the tank and he conducted inquest of the dead body and after sealing the same sent for post -mortem. The I.O. also inspected the place of occurrence, prepared site plan, recovered one key of the cycle lock and a pen from the dead body and prepared recovery memo. Some broken pieces and handle of glass jug were also recovered from the tank.

(3.) PALMS and soles of the deceased have washer man skin. Rigor mortis passing down from lower extremities and absent in upper extremities. There was greenish discoloration of iliac fossa. Face, neck and upper part of chest were cyanosed. There was bleeding from both nostrils. Conjuctivita congested with petichae. Eyes were closed but slightly bulging.