TAKKI MOHD. Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) To a specific query put by the Court, a statement was made by learned Deputy Advocate General that neither any appeal stands filed, nor is one sought to be filed against the judgment of acquittal of co-accused Yusaf Ali.

(2.) Convict Takki Mohd., has assailed the judgment dated 22.12.2008, passed by learned Addl. Sessions Judge, Sirmaur, District at Nahan, Himachal Pradesh, in Sessions Trial No. 13-N/7 of 2007, titled as State of Himachal Pradesh vs. Takki Mohd. & another, whereby he stands convicted and sentenced to undergo rigorous imprisonment for life and pay fine of Rs. 15,000/- in relation to an offence punishable under the provisions of Section 302 of the Indian Penal Code and in default thereof, to further undergo imprisonment for a period of one year. He has filed the present appeal under the provisions of Section 374 of the Code of Criminal Procedure, 1973. Both he and co-accused Yusaf Ali stand acquitted in relation to the charge under Section 120 of the Indian Penal Code.

(3.) It is the case of prosecution that co-accused Yusaf Ali, so acquitted by the trial Court, conspired with his brother-in-law Takki Mohd. (hereinafter referred to as the appellant) to commit murder of deceased Hussan Singh, husband of Sunita Devi (PW-1) and son of Gian Chand (PW- 2). Since Gian Chand had sold land for a sum of rupees one crore, Yusaf Ali who was working as his driver, sought rise in salary and an advance of rupees one lakh, which was refused. This being the motive, as part of conspiracy, on 27.3.2007, appellant went to the house of the deceased and around noon, took him on his motorcycle to a nearby jungle, where after consuming liquor, murdered him. Independent witness Mohan Singh (PW.3) noticed both the appellant and the deceased travel on the motorcycle. Independently, same day, SI Subhash Chand and Constable Rajeev Kumar (PW-17), who were on patrol duty, noticed the motorcycle parked at an isolated place on the road near the jungle. Vinod Kumar (PW.10), a passerby, when queried by the police, expressed lack of knowledge about the ownership of the motorcycle. Hence police went into the jungle to search for the owner but could not find anyone. While they were returning, Vinod Kumar (PW.10), informed them that he heard ring of a mobile phone coming from a particular direction in the forest. Hence both the police officials went there and noticed a dead body. Ruka (Ext. PW-6/A) was immediately sent on the basis of which F.I.R. No. 57/2007 (Ext. PW-20/A), dated 27.3.2007, was registered by LHC Krishna Devi (PW-20), at police station Sadar, Nahan. Station House Officer Inspector Khazana Ram (PW-31) reached the spot and conducted necessary investigation. Photographs were taken on the spot by Hukam Chand (PW- 13). Inquest reports (Ext.PW-9/B and PW-9/C) were prepared. While such proceedings were going on, coaccused Yusaf Ali called the deceased on the mobile phone, which was attended to by Inspector Khazana Ram. By a common link, Gian Chand and Sunita Devi were called on the spot who identified the body to be that of Hussan Singh. Personal belongings of the deceased were taken into possession by the police. Certain eatables found near the dead body were also recovered by the police. The dead body was sent for post mortem which was conducted by Dr. K.D. Bhatt (PW-9), who upon receipt of the report of the State Forensic Science Laboratory, Junga, issued Post Mortem Report (Ext. PW-9/D). The deceased died as a result of knife injury. On suspicion, appellant who was arrested on 28.3.2007 was got medically examined from Dr. A. Chaturvedi (PW-26) who opined the injuries found on the hand to be caused with a knife. On 30th March, 2007, appellant made a disclosure statement (Ext. PW-5/A) to the effect that both he and the deceased consumed liquor and that he could get the weapon of offence recovered. Pursuant thereto, on 31.3.2007, police recovered knife (Ext. P-2) in the presence of independent witness Inder Singh (PW-5). On 4.4.2007, appellant again made a disclosure statement (Ext. PW-7/A) and got identified the place from where he had purchased the eatables and liquor; the place where it was consumed and the place where he concealed the bottle (pint) (Ext. P-3) and the glasses (Ext.P-4 and P-5); which he got recovered in the presence of independent witness Shiv Ram (PW-7). Police took into possession the same vide memo (Ext. PW-7/B). During interrogation, in the presence of Shiv Ram, accused also got recovered a motor cycle as also his blood stained clothes i.e. pants (Ext. P-6), half sleeve sweater (Ext. P-7) and shirt (Ext. P-8), so kept in the dickey. Report of the Director, Finger Prints Bureau, Phillaur (Ext. PB) revealed the finger prints, lifted from the bottle (pint) and the glasses with the help of the tape, to be that of the appellant. Call records of mobile numbers of the deceased, the appellant and co-accused Yusaf Ali, were obtained by the police. Investigation revealed complicity of both the accused in the alleged crime. Hence, challan was presented in the Court for trial.