BUNDA SHAH Vs. STATE OF U P

JUDGEMENT

(1.) APPELLANT Bunda Shah has been convicted by Additional Sessions Judge, Bareilly in S. T. No. 318/98 and 319/98, for the offences under Section 302, IPC and Section 4/25, Arms Act and has been sentenced for imprisonment for life with fine of Rs. 10,000/- under Section 302, IPC, and one year R. I. with fine Rs. 2,000/- under Sections 4/25 of Arms Act vide his impugned judgment and order dated 3-11-2000 which convictions and sentences has been challenged by him in this appeal.

(2.) THIS case relates to the murder of Nasreen, a young girl aged about 14 years, who was the daughter of first informant Munney P. W. 1 and Bhoori P. W. 2. P. W. 1 Munney was her step father. The incident occurred in village Gulab Nagar within the circle of P. S. Visharat Ganj, District Bareilly. It was alleged that in the night between 24/25-9-1997 at about 1 a. m. , the appellant, who is a young man aged about 20 years alongwith his juvenile companion Azad, both being resident of the same locality, entered in to the house of the first informant and kidnapped Nasreen in witnessing of her parents Munney and Bhoori. Her parents raised alarm which attracted some people of locality (mohalla) but they could not catch the culprits, who took away Nasreen with them. Night search of the girl by the parents with the help of locality people was in vain. Next day at about 11 a. m. dead-body of Nasreen was discovered from Jungle of Jaidpur, 3 km. away from the house of the informant. FIR of the incident was lodged by step father Munney P. W. 1 on 25-9-1997 at 12. 30 p. m. at P. S. Virasat Ganj, District Bareilly naming Bunda Shah (appellant) and Azad as accused for offences under Sections 364 and 302, IPC. Investigation into the crime resulted in charge-sheet against both the accused persons who were summoned, and tried vide two S. T. Nos. mentioned above in para 1 of this judgment.

(3.) BRAIN and membrane were found lacerated epiglottis was found cut. Both the lungs were congested. Doctor prepared two slides of smear for the pathological examination. From the body of the deceased two metallic Karas of white metals and two hair clips were taken in possession. Her Shawl and one Kurta were also taken in possession.