ALAM SHAH Vs. STATE

JUDGEMENT

(1.) ONE Gafoor Ahmed is stated to have been killed by the petitioner -Alam Shah who is arrayed as an accused Under Section 302/120B RPC. The other accused are facing trial Under Section 302/364/34 RPC. The prosecution story reveals that on 2.5.2007 one Mohd Mahroof informed the police that the deceased was abducted by some unidentified persons in the intervening night of 1st and 2nd of May 2007. The information further reveals that the dead body of deceased was lying at Dhar Kass (Gholad). On receipt of this information FIR No. 58/2007 for commission of offence under Section 364/302/34 RPC was registered by the police concerned.

(2.) THE motive for committing the crime by the petitioner and other accused was to grab the property accumulated by the deceased, who had received compensation from Saudi Arabia on account of death of his father. It is stated that the petitioner had taken loan from the mother of deceased, but failed to repay the same. On failure to pay the amount to the mother of the deceased, a conspiracy is stated to have been engineered by the petitioner and other accused persons to eliminate the deceased in order to grab the said property. The investigation further reveals that the deceased had developed some relation with a girl who belongs to Maneyal a Rajput community, which was resented by the family members of the said girl. The deceased was arrested by the police for having abducted the said girl. This situation was found appropriate by the accused persons, who hatched a conspiracy to kill the deceased in order to have the finger of complicity raised against the relatives of the said girl who had rejected the said marriage.

(3.) THE allegation against the accused persons is that the deceased was abducted by them and taken into a cow -shed where he was hit with a "Rumbi" and was also beaten as a result of which he is stated to have died. His dead body was taken to a place at JDhar Kasst (Gholed)' Oj account of being Jut on the head, the blood had fallen on the ground. He was thereafter taken out from therein* the dead of night to the nallah. A bottle of poisonous substance in shape of Nuvan, steel glass and a knife along with rope was kept on the, side of, dead body so that it appears that deceased had committed suicide. Accused Abrar and Asif are alleged to have made a disclosure statement and on their identification "rumbi" and "rope" were recovered, from the cattle shed.