IRFAN AHMED Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal is by the accused Irfan Ahmed Alias Guddu challenging his conviction and sentence vide judgment and order dtd. 13/1/2023, passed by the Additional Sessions Judge, Court No. 1, Fatehpur in Sessions Trial No. 06 of 2012 arising out of Case Crime No. 383 of 2011, under Ss. 364, 302, 201 IPC and in Sessions Trial No. 07 of 2012, arising out of Case Crime No. 385 of 2011, under Sec. 4/25 Arms Act, Police Station Kotwali, District Fatehpur; whereby he has been sentenced to ten years rigorous imprisonment alongwith fine of Rs.5000.00 coupled with a default sentence of six months imprisonment under Sec. 364 IPC; life imprisonment alongwith fine of Rs.25000.00coupled with a default sentence of one year imprisonment under Sec. 302 IPC; three years imprisonment alongwith fine of Rs.2000.00coupled with a default sentence of three months under Sec. 201 IPC and four months imprisonment alongwith fine of Rs.400.00coupled with a default sentence of one month imprisonment under Sec. 4/25 Arms Act. All the sentences are directed to run concurrently.

(2.) This is a case where a young lady had gone missing and later her decomposed body, cut in pieces, was allegedly recovered on the pointing out of the accused appellant Irfan. The deceased was the cousin of accused. The prosecution case is based on circumstantial evidence and the question for consideration in this appeal is as to whether the prosecution has successfully connected the chain of events so as to establish the hypothesis of guilt attributed to the accused appellant and that no alternative hypothesis, consistent with the innocence of accused, exists. The correctness of conclusions drawn by the trial court, on this aspect, is under challenge.

(3.) Basis of prosecution case in the present case is a written report of the father of the deceased (informant) Kamrulhuda, wherein he informed that he is resident of 517 Maswani, District Fatehpur. His daughter Km. Farhat Fatima @ Jeenat (deceased), aged 28 years had completed her M.A., B.Ed. and was preparing for PCS Examination. On 29/8/2011 at about 12.30 in the afternoon, she had gone to get medicines for herself, but did not return. While going to the market she had taken her mobile No. 08957088397. Despite frantic efforts she could not be traced. Informant apprehended that as accused Irfan Ahmad @ Guddu was after her, as such, he was responsible for the disappearance of his daughter. Although efforts were made by the informant as well as family members Zafar Alam and Mohammad Ahmad to counsel accused Irfan but it yielded no result. The informant apprehended that his missing daughter has been taken by the accused somewhere. Prayer was accordingly made to investigate the matter and trace out informants daughter Farhat Fatima @ Jeenat.