MUNNU AND ORS Vs. STATE OF U P

JUDGEMENT

(1.) As these two appeals arise out of the common judgment and order dated 07.03.1987 passed by Sessions Judge, Jaunpur, in Sessions Trial No. 77 of 1985 convicting and sentencing the appellants to undergo life imprisonment under Sections 302/34 of I.P.C.; to undergo life imprisonment under Section 364 of I.P.C.; to undergo three years rigorous imprisonment under Section 201/34 of I.P.C. and to undergo imprisonment for life under Section 120B read with Section 302 of I.P.C, they are being disposed of finally by this common order.

(2.) As per prosecution case, acquitted accused Anjum Fatima, wife of Aftab Ahmad, was having illicit relation with the accused Abbas Ali @ Laddu, who was a motor mechanic. It is said that accused Abbas Ali and Anjum Fatima were seen in compromising position by the deceased Firoz Hasan, aged about 12 years. After seeing Aftab and Anjum in the said position, the deceased Firoz Hasan told the acquitted accused Anjum that he would disclose the said fact to Aftab Ahmad and then it is said that conspiracy was hatched by the acquitted accused Anjum, Abbas and Munnu and deceased accused Akram with acquittted accused Aslam to eliminate Firoz Hasan.

(3.) Further case of the prosecution is that the deceased Firoz Hasan was taken by the accused persons to a different district i.e. P.S. Mubarakpur, District Azamgarh and there he was killed and the body was thrown in the bushes outside the town. On 26.08.1983, missing report exhibit Ka-1 was lodged by PW-1 Azhar Hasan, father of Firoz Hasan, informing the police that his son Firoz Hasan is missing since 20.08.1983. This missing report was registered by P.S. Kotwali, District Jaunpur.