KABIR KHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal arises out of impugned judgment and order dated 26.4.1990 passed by Special Judge (Dacoity Affected Areas), Farrukhabad in Sessions Trial No.107 of 1987, convicting the appellants under Sections 302 and 201 of IPC and Section 14 of U P Dacoity Affected Areas Act, and sentencing them to undergo imprisonment for life; seven years rigorous imprisonment and seven years rigorous imprisonment respectively.

(2.) Case of the prosecution, in brief, is that on 20.5.1985 at about 9.00 pm, deceased Buddha Khan left his house after informing his family members that he is going to village Jahangirpur for watching musical and dance programme (HkkaMks dk rek'kk). It is said that when the deceased did not return, he was searched and then on 23.5.1985, a written report was lodged by (PW-1) Sharif Khan, cousin brother of the deceased based on which, offence under Section 364 of IPC was registered against unknown persons. Further case of the prosecution is that the dead body of the deceased was recovered on 27.5.1985 in the Well of one Autar Singh situate at village Rohilla. Initially, the same was identified by the villagers on the basis of his clothes and thereafter, the body was shown to the relatives of the deceased and it was identified to be that of Buddha Khan. According to prosecution, in the musical and dance programme, deceased was seen in the company of the accused persons and based on that, present appellants, deceased-appellant Jabir Khan, acquitted accused Munnu @ Aminoor and Puttu Khan were tried for the offence under Sections 302 and 201 of IPC read with Section 14 of Dacoity Affected Areas Act.

(3.) Inquest on the dead body of the deceased was conducted vide Ex. Ka.8 on 27.5.1985 and the body was sent for postmortem which was conducted on 28.5.1985 vide Ex. Ka.4 by (PW-4) Dr Manohar Singhal. As per Autopsy Surgeon, following injuries were noticed on the body of the deceased: