(1.) BOTH these jail appeals, preferred by appellants Haneef and Nanhkau respectively, arise out of a common judgement, hence these are being disposed of together.
(2.) HEARD Shri Vaibhav Kalia, Amicus curiae for the appellants, and Mrs. Madhulika Yadav, learned AGA for the State. Under challenge in the aforesaid criminal appeals is the judgment and order dated 13.04.2005 passed by Additional Sessions Judge, Court No. 1, Unnao, in Sessions Trial No. 84 of 2004, arising out of Case Crime No. 243 of 2003, Police Station Sohramau, District Unnao, whereby both the appellants namely Haneef and Nanhkau were convicted and sentenced as under: - -
(3.) IN brief, the case of the prosecution was that the complainant Lal Mohammad lodged a first information report at Police Station Sohramau on 21.12.2003 at 07.10 AM alleging therein that on 17.12.2003 his brother Bakreedi had gone to Nawabganj to ply his Kharkhara (a cart driven by horse). At about 02.00 PM, appellants Nanhkau and Haneef, who belong to his village, had taken Bakreedi with his Kharkhara towards Kusumbhi. They were seen at Nawabganj going towards Kusumbhi by Madar Bux @ Madau and Ali Hasan. When Bakreedi did not come back till late in the night then on the next day in the morning the complainant started his search. His efforts failed. Ultimately he got a first information report of this case scribed by Ram Gulam and on 21.12.2003, he lodged the first information report of this case.