IMAMUDDIN Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS appeal has been filed by accused appellant Imamuddin against the Judgment and order dated 26.9.2005 passed by Additional Ses­sions Judge, Court No. 3, Azamgarh, in Sessions Trial No. 187 of 1999 convicting him for the offence under section 302 IPC and sentencing him to imprisonment for life and a fine of Rs. 5000/- with default clause. The appellant has further been convicted for the offence under section 25 of the Arms Act and sentenced to undergo imprisonment of two years and with fine of Rs. 1000/- with default clause. The sen­tences were ordered to run concurrently.

(2.) THE background facts are that one Zaheer Ahmad resident of Police Station Devgaon, District Azamgarh submitted a written report( Ext Kat) at Police Station Devgaon on 13.11.1997 at 5.05 P.M. and alleged that his brother Nabi Sarvar alias Khaddar was doing some job with Rais son of Idris resident of Jehatmandpur Police Station Devgaon district Azamgarh but he left the job about three months back. It was further mentioned that in the last month 'Hawala' money belonging to Rais was seized by Varanasi Police. Rais suspected that Nabi Sarvar was behind this police action and as such nurtured ill will against Nabi Sarvar and had also threatened him of his life.

(3.) ON the basis of the written report a chick report Ext Ka 10 was prepared at the police station and the case was entered into the General Diary (Ext Ka 11). The in­vestigation was taken up by Ram Chandra Bharati (PW-7) Station Officer Devgaon. By the time he reached the spot, the inquest over the deadbody of Rais had already been conducted by Sub-Inspector Chakrapanidutt Misra and he had prepared the inquest report Ext Ka 12. Mr. Misra had also prepared the sketch of dead body, police form No. 13, letter to the Reserve Police Inspector Police Lines, Azamgarh and let­ter to Chief Medical Officer Azamgarh, Police Form No. 33 respectively (Ext Ka 13 to Ext Ka 17). Mr Misra had also collected a sandle allegedly belonging to one of the accused, a scooter belonging to deceased Nabi Sarvar, one Chappal belonging to de­ceased Nabi Sarvar as well as plain and blood stained earth under memos Ext Ka 19 to Ext Ka 22. The Station Officer Mr Bharati prepared the site plan (Ext Ka 18) of the place of occurrence and recorded the statement of the complainant Zaheer Ah­mad as well as the statement of Sarfaraj and others. On 26.11.1997 Mr Bharati was transferred from the police station and thereafter the investigation was taken over by Deputy Superintendent of Police Abdul Samad (PW4). He again recorded the statement of the complainant Rais Ahmad and Sarfaraj Ahmad. However, he was also transferred in the month of May 1998. After his transfer the investigation was taken up by the Circle Officer Pradyumn Singh (PW6). Mr Singh had taken the ac­cused Imamuddin on police remand and thereafter 'Katta' was recovered at the in­stance of accused Imamuddin and memo Ext Ka3 was prepared in this regard.