NAFEES Vs. STATE OF U.P.

JUDGEMENT

(1.) The present Criminal Appeal has been preferred assailing the judgment and order of conviction and sentence dated 5.4.2003 passed by learned Additional Sessions Judge, Court No.5, Bijnor in Sessions Trial No.454 of 2000 (State vs. Nafees) arising out of Case Crime No.271/2000 under sections 364, 302 and 201 I.P.C. PS.Noorpur, District Bijnor convicting and sentencing the appellant for life imprisonment under section 302 I.P.C. and fine for a sum of Rs.5000/-, seven years' R.I. under section 201 I.P.C. with a fine of Rs.2000/- and in default, six months' further imprisonment. Further directed that all the sentences would run concurrently. However, he was acquitted under section 364 I.P.C. No appeal has been preferred against the acquittal under section 364 I.P.C.

(2.) Mr.Mukhtar Alam, learned Advocate, appeared for the appellant, Mr.Akhilesh Singh, Government Advocate and Mr.Chandrajit Yadav, learned A.G.A. appeared on behalf of the State.

(3.) The brief facts of this case, in view of the First Information Report lodged by Mohd.Tahseen, brother of deceased Famida alias Mem is that the informant Mohd.Tahseen was resident of Rasoolpur, village Nagla, PS.Chandpur, District Bijnor. His sister Fahmida alias Mem, aged about 28 years was married 11 years back with Nafees s/o Matloof, r/o Noorpur, Tehsil Chandpur, District Bijnor. On 1.9.2000 at about 2.00 P.M.(noon) Nafees, the appellant was going alongwith his sister Fahmida alias Mem, niece (bhanji) Angoori aged about five years and nephew (bhanja) aged about three years towards Khera and in the way Naseera s/o Basheer r/o Rasoolpur saw them on the same day at about 4.00 P.M. Nafees returned to his house and thereafter he left the village. However, his sister and niece did not return. They were not traceable, hence the request was made to lodge the Report to search his sister and niece and to take appropriate steps. The report was got written by scribe Zeemal Ahmad s/o Ridku Khan, r/o Rasoolpur Nagla, Bijnor and the same was lodged and registered at Police Station Noorpur on 6.9.2000 at 7.25 P.M.