SARJOO Vs. STATE OF U P

JUDGEMENT

(1.) These two appeals have been preferred by the appellants i.e. Criminal Appeal No. 1537/80 by Sarjoo and Rafiqe and Criminal Appeal No. 1566 of 1980 by Mauji Lal against the same judgment and order dated 15.7.1980 passed by 1st Add!. District & Sessions Judge Allahabad in Sessions Trial No. 216 of 1979 (State v. Sarjoo and another) whereby appellants Sarjoo and Rafiq were convicted U/S. 302/34, 392/34, 201 and 404 I.P .C. and were sentenced to undergo life imprisonment, 4 years R.I., 2 years R.I. and 2 years R.I. on the said counts. All the sentences, however, were ordered to run concurrently.

(2.) Appellant Mauji Lal was however, convicted U/s 411 I.P.C. and sentenced to undergo R.I. for 2 years and to pay fine of Rs.500/- and in default of payment of fine to undergo six months R.I.

(3.) The facts giving rise to these appeals are that on 10.6.1977 in the morning, allegedly, the dead body of one Niyaz Ahmad son of Karimullah alias Maiku, resident of village Asrawal Kalan, Police Station Puramufti, District Allahabad was found in the river Jamuna near village Bisaunna, police Station Dhoomanganj District Allahabad. It was headless and most of its parts were eatenaway. On this basis, F.I.R. was lodged by Sri Karimullah alias Maiku father of the deceased which was registered as Crime No. 108 under Sections 302, 392 and 201 I.P.C. at 12.05 P.M. on the same day mentioning therein that three days before 10.6.1977 deceased Niyaz Ahmad left his house in the company of Sarjoo and Rafiqe in the night for village Bisaunna where his parents-in-law were residing. He took with him his cycle, licenced gun and belt of cartridges. He did not return for three days and on 10.6.1977 his dead body was found in the river near village Bisaunna.