NOOR ALAM Vs. STATE OF U P

JUDGEMENT

(1.) AGGRIEVED by the judgment and order dated 30.3.2007 passed by the learned Additional Sessions Judge, Fast Track Court No. 1, Siddharth Nagar in S.T. No. 41 of 1999, the appellants before us have preferred the connected criminal appeals.

(2.) CRIMINAL Appeal No. 2837 of 2007, has been filed by appellant Noor Alam, who has been convicted and sentenced to death and a fine of Rs. 10,000 under Section 302/34, I.P.C. In case of default the appellant is to undergo six months additional rigorous imprisonment. The appellant Noor Alam was further convicted and sentenced to six years rigorous imprisonment and a fine of Rs. 5,000 under Section 201/34, I.P.C. and in case of default the appellant was to undergo three months additional rigorous imprisonment. A CRIMINAL Reference No. 13 of 2007 was also sent by the learned Sessions Judge under Section 366 of the Code of CRIMINAL Procedure for the confirmation of the sentence of death awarded to the appellant Noor Alam. The appellant Noor Alam is represented by Shri R. B. Sahai.

(3.) ON the basis of this information, P.W. 9, S.O. of Police Station Tetri Bazar registered a case at case Crime No. 520 of 1998, under Section 302/201/34, I.P.C. against unknown persons. After preparing the nakal report and nakal chik, he reached the spot alongwith force and got the inquest (Ext. Ka 5) written out by P.W. 7 S.I. D. S. Yadav on his dictation. As the bloodstained pass-book of Gramin Bank, Chilhya was found in the pant of the deceased, which mentioned the name of Zabir Husain of village Phulwara, hence information was sent by R.T. set to S.O., Siddharth Nagar to contact some family members in the house of Zabir Husain and to bring him immediately to the village Basauni culvert. ON this information Sakir Husain, P.W. 6, arrived at Basauni culvert alongwith Pradeep Singh and after looking at the dead body, pass-book and clothes of the deceased, he identified the dead body to be of his brother Zabir Husain. After inquest, the dead body was sent for post-mortem. The post-mortem was conducted by Dr. R. S. Shukla, P.W. 8 at 3.30 p.m. on 26.11.1998 at District Hospital, Siddharthnagar on the headless dead body of the deceased. He found the following ante-mortem injuries :