USMAN @ KHALNAYAK Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri R.N.S. Chauhan learned counsel for the appellant and Ms. Madhulika Yadav learned A.G.A. For the State.

(2.) Instant appeal has been preferred against the judgment and order dated 22.8.2008 passed by learned Additional Sessions Judge, Fast Track Court No.4, Lucknow in Sessions Trial No.762 of 2005, case crime no.234 of 2001, under section 302/34 IPC and 201 IPC, Police Station Malihabad, District - Lucknow, State versus Naushad and others whereby accused Naushad and Usman alias Khalnayak were convicted under section 302 IPC read with section 34 IPC and section 201 IPC and sentenced to imprisonment for life and fine of Rs.15,000/- and imprisonment for five years and fine of Rs.3,000/- respectively. Accused Babboo, Sirdar and Siraj were acquitted of charges under section 302 IPC read with section 34 and 201 IPC.

(3.) According to the prosecution version, a written report was lodged by complainant Gulzar on 13.8.2001 at 07.50 PM at Police station Malihabad stating that on 09.8.2001 at about 06.00PM he sent his son Munish to Naushad son of Sirdar for bringing the amount from him. Munish went to village Kahla through LBM and met Naushad at his house. Rauf, son of Razzak was also present there. They purchased 100 gms andharse from the shop of Puttan halwai. Rauf asked Munish to accompany him to Baldevkhera. Munish told Naushad that he will accompany him after getting the amount from Naushad. Naushad told Munish that he will pay the amount at Charbagh railway station. Munish and Naushad proceeded towards Kahla railway station. Rauf stayed at the house of Puttan. When Munish did not return to his house then complainant inquired about him then Rauf told him all these facts. When complainant inquired from Naushad, he told him that Munish accompanied him in local train up to Alamnagar and got down at Alamnagar. Thereafter he slept and went to Barabanki. On the basis of this information a chik FIR was lodged about disappearance of Munish.