AYUB KHAN AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellants Ayub Khan, Abid and Mukesh Kumar faced trial for the offences punishable under Sections 302, 365, 201, 404 read with Section 34 Indian Penal Code (for short 'IPC') and were convicted and sentenced by the trial Court as follows:- <FRM>JUDGEMENT_439_LAWS(P&H)8_2014_1.html</FRM>

(2.) The case of the prosecution, in brief, is that on 23.09.2008 at about 07.30 P.M., Akbar (since deceased) son of Ali Hussan left his house on his motorcycle make Splendor bearing registration No.HR-06Q-7720 on receipt of telephone of appellants Abid and Mukesh, for Red Light Chowk, Panipat. Akbar was a Carpenter and was working with appellant Abid. He (Akbar) required a 'Randa' machine and discussed the matter with Abid, who is son of mother's sister of Akbar and assured to purchase 'Randa' machine for the deceased. While going to Red Light Chowk, Akbar was accompanied by his brother Wasim. On reaching there, Akbar accompanied Mukesh and Abid on his motorcycle and went towards Asandh Road, while Wasim was sent back to his home.

(3.) Akbar did not return thereafter and despite search, his father Ali Hasan (PW1) could not trace him. On 27.09.2008, the complainant was informed by Shahid son of Jalaluddin, who is also a carpenter that on the evening of 23.09.2008, he had seen Akbar going towards Asandh on motorcycle with Abid and Mukesh. The complainant suspected that his son had been abducted by Abid and Mukesh as he was having Rs. 40,000 and a mobile having No.9813940986. On the complaint (Ex.PW1/A) of Ali Hasan, Inspector Ram Kumar, SHO, Police Station City Panipat made his endorsement (Ex.PW9/A) and sent it to the police station for registration of the FIR, whereupon FIR No.727 dated 27.09.2008 (Ex.PW9/B) was registered.