ABDUL QAYYUM Vs. STATE OF U.P.

JUDGEMENT

(1.) The present appeal has been filed against the judgement and order dated 28.5.1992 passed by the IInd Additional Sessions Judge Bijnor in session trial No. 385 of 1990, whereby appellant Abdul Qayyum was convicted for the offence under Sections 302/34 and 201 Penal Code and was sentenced to under go imprisonment for life for the offence under Sec. 302 read with Sec. 34 Penal Code and further convicted under Sec. 201 Penal Code and sentenced to under go one year rigorous imprisonment. Both the sentences were ordered to run concurrently.

(2.) The facts, as set forth in the First Information Report and emerged by the evidence, are that informant Fazalur Rahman (PW-4) lodged a report at police station Noorpur district Bijnor on 8.3.1990 at 6.45 P.M., stating that his son Mohd. Abid had gone to school on 7.3.1990, in morning and returned back in noon. After taking his meal, he went out to play but did not return till evening. After thorough search he was not found then a report was lodged.

(3.) The investigating officer visited the village where the informant expressed suspicion against appellant Abdul Qayyum. The motive stated was that the wife of the informant checked the appellant from committing theft. The investigating officer got information that the appellant had gone near the pond to ease out. He immediately rushed and arrested the appellant on 9.3.1990 at 6.30 A.M.