LAWS(ALL)-1989-3-18

QAYUM ALIAS RAMESH Vs. STATE OF U P

Decided On March 10, 1989
QAYUM ALIAS RAMESH Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) These two appeals have been filed by Qayum alias Ramesh and Bachan appellants against the judgment and order dated 1-10-1986 passed by Sri. R.C. Shukla, Special judge, Dacoity Affected Area, Agra, in Sessions Trial No. 534 of 1982. Qayum has been convicted under Section 302 of the Indian Penal Code simplicitor and sentenced to death as also under Section 394 of the Indian Penal Code and sentenced to seven years R.I. Appellant Bachan has been convicted under Section 302/34 of the Indian Penal Code and sentenced to life imprisonment as also under Section 394 of the Indian Penal Code and sentenced to seven years R.I. The sentences of Bachan have been directed to run concurrently while the sentence of imprisonment of Qayum has been directed to be merged into the sentence of death, if executed There is also before us the reference made by the Special Judge for confirmation of the death sentence awarded to Qayum appellant.

(2.) The prosecution case, in brief, is as follows: Mahendrapal Singh, P.W. I, was an employee of 509 Army Base Workshop, Agra, and resided in H.D. Colony, Eidgah, P.S. Rakabganj, Agral As usual on 2-2-1982 he left his house at 7.45 a.m. for attending his duties. Smt. Moti Bai mother of Mahendrapal Singh also resided with Mahendrapal Singh, P.W. I, in the same house while the children of Mahendrapal Singh stayed at Delhi. On the same day (2-2-1982) Mahendrapal Singh returned to his house along with his friend S.C. Saxena at about 12.30 p.m. in connection with some urgent work. Reaching there he found his mother Smt. Moti Bai lying dead Her hands and feet were tied with a Dhoti and a cloth was also tied around her neck. Some cloth was forcibly put in her mouth. The bolt of the other room was broken and the belongings of the house were lying scattered Much of the belongings had also been taken away. It was stated that some miscreants after killing Smt. Moti Bai had committed the theft in the house.

(3.) A written First Information Report of the incident was lodged by Mahendrapal Singh, P.W. 1, at 2.00 p.m. on 2-2-82, at P.S. Rakabganj, Agra, the distance of the Police Station from the place of occurrence being 1 km. It was stated in the report that the crime might have been committed between the period 7.45 a.m. and 12.30 p.m. No person was named in the report.