(1.) THESE two appeals on behalf of the sole appellant each are directed against judgment and order of the 2nd Additional Sessions Judge, Aurangabad in Sessions Trial No. 5/16 of 1985/1998 convicting the appellants under sections 302/34 and 201 of the Indian Penal Code. For the former offence they have been awarded sentence of life imprisonment while no separate sentence has been awarded for the latter offence.
(2.) ON 19.3.84 a written report was lodged by the ASl of Police Ainul Haque Khan of Nabinagar Police Station stating therein that on 17.3.84 a missing report had been lodged with respect to constable no. 306 Shafique Hasan. The inquiry revealed that on 16.4.84 Shafique Hasan had gone alone from police station to Nabinagar Bazar at 8 p.m. He was seen going towards Kalali where he had talk with Sarpanch Saryu Choudhary. At 9 p.m. he was seen sitting at the Kirana shop of Ramlal Singh. At that time Birendra Singh (one of the accused who died during trial) was seen going in drunken condition. He called Shafique Hasan. Along with him 7 -8 persons went towards the college. The above information was recorded in the Station Diary (Sanha no. 391 dated 17.3.84) and inquiry commenced. It was learnt that on 11.3.84 Narendra Singh (another accused but acquitted) had been caught in a theft case. Shafique Hasan along with Havildar Ravi Brat Singh had taken him to jail. At that time Narendra Singh had threatened to kill him. On 14.3.84 he came out from jail. The report stated that the accused persons were anti -social elements and accused in many cases. A doubt was expressed that Narendra Singh after coming out from jail had kidnapped Shafique Hasan along with other accused to accomplish the threat given by him.
(3.) AT the trial which followed, the prosecution examined as many as 26 witnesses to prove its case. Out of them, P.W. 2 Ramjee Ram, P.W. 6 Musa Mian, P.W. 12 Gafoor Mian and P.W. 14 Prayag Pasi were tendered, while P. W. 4 Bishun Prasad, P.W. 11 Ram Subhag Yadav, P.W. 13 Mallu Prasad, P.W. 19 Ram Chandra Tiwari, and P. W. 20 Ram Lal Singh turned hostile. Ainul Haque Khan on whose report the case was instituted was examined as P.W. 24, while Officer -in -charge of Nabinagar P.S., the Investigating Officer of the case was examined as P. W. 25 and Dharindhar Jha, the then Consolidation Officer, Nabinagar in whose presence the search and seizure was effected was examined as P.W. 26.