MOHAMMAD ARSAD @ LAYAK S/O MOHAMMAD YAKUB, AGED ABOUT 27 YEARS, BY CASTE MUSALMAN, R/O JHHAVVARI, THANA JALALGARH, DISTRICT PURNIYA (BIHAR). (AT PRESENT CONFINED IN CENTRAL JAIL, BHARATPUR) Vs. STATE OF RAJASTHAN THROUGH PUBLIC PROSECUTOR

JUDGEMENT

(1.) This Criminal Appeal No. 72/2011 has been filed under Sec. 374 of Crimial P.C. against the judgment of conviction and order of sentence dated 26.11.2010 passed by the learned Additional Sessions Judge (Fast Track) No. 2, Bharatpur Camp Kaman in Sessions Case No. 32/2008 whereby the accused-appellants have been convicted under Sections 364, 377, 302/34 & 201 of Penal Code and sentenced as follows:

(2.) Prosecution story in brief is that on 10.06.2007, the complainant, Noor Mohammad submitted a written report (Ex.P-1) to Damodar (PW-14), Assistant Sub Inspector of police at the place of occurrence stating therein that one Kalaam, Sayaboo, Tahir, and Asru introduced in our village Kharbar, one Maulana named Arsad to be well known to them, then the villagers on their recommendation, appointed Arsad for imamat in mosque. Arsad performed imamat in village mosque for a period of one year. Thereafter, he left imamat and went away before one month, after taking his salary. That in the intervening night of 08.06.2007 and 09.06.2007 at about 12:00 AM, Buddan, Fazzu, Maulana Arsad, Anwar, Mufti Azam and one other man armed with weapons came in a white coloured Esteem Car No. DL-2C- 0098 and one more car which was parked on Gadhaner Road. Aforesaid accused-persons kidnapped my minor son, Irfan. Upon raising voice by Irfan, I, along with Azeem, Hassan and other villagers reached to save Irfan from accused-persons but they forcibly dragged Irfan inside the car, opened fire and fled. Thereafter, they made a search for three days, then dead body of Irfan was discovered muffed in canal which is 100 meters away from Gadhaner Road.

(3.) That on the basis of above written report, FIR No. 113/2007 was registered at Police Station Pahari, District Bharatpur for the offences under Sections 147, 148, 149, 364, 302, 201 and 336 of Penal Code and investigation commenced. After completion of investigation, the Police filed charge-sheet against accused-appellants under Sections 364, 302, 201, 120-B and 377 of IPC. The trial Court framed charges against the appellants for the offence under Sections 120-B, 364, 377 alternatively 377/34, 302 alternatively 302/34 and 201 of IPC. Charges were read over and explained to the accused-appellants who pleaded not guilty and sought to be tried.