Decided on May 23,2012

Mohd. Yakoob Appellant
State of Uttaranchal (Now Uttarakhand) Respondents


Sudhanshu Dhulia, J. - (1.) THIS appeal arises out of judgment and order dated 01.09.2003 passed by learned Additional Sessions Judge/F.T.C. VII, Dehradun in Session Trial No. 136 of 2000, State Vs. Mohd. Yakoob whereby the said trial court has convicted the accused/appellant under Section 302 of I.P.C. and sentence for life imprisonment and a fine of Rs. 5,000/ - and in default of payment of the fine a further imprisonment for six months R.I. Brief facts, according to the case of the prosecution, which springs from the First Information Report lodged on 24.04.2000 at 08:30 p.m. by the complainant - Alam Singh is that the complainant was uncle of Ajab Singh (deceased), who was a student of Class - IX in Government Intermediate College, "Dak -Pathar" (Dak -Pathar is a small town in District Dehradun, Uttarakhand). Ajab Singh had come to his village during a festival and on 20.04.2000 while he was returning to Dak -Pathar, he asked for some money, which he needed for his expenses at "Dak -Pathar". At that time, the family was not having ready funds from where it could spare some money for Ajab Singh and therefore, they gave him only Rs. 100/ -, but they further instructed him that there is a person called Mohd. Yakoob (present appellant) near 'Dak -Pathar', who has to return them Rs. 1,500/ - and Ajab Singh should collect this money from him. Mohd. Yakoob had purchased a mule from them and he had to repay the amount of Rs. 1,500/ -. On these instructions on 22.04.2000, Ajab Singh and his friend Davendra Chauhan (who was studying with him at Dak -Pathar) went in a cycle to Mohd. Yakoob's residence. Mohd. Yakoob (appellant) informed them that his uncle will return in the evening who has the money and then he would return the money to them. These two persons then returned to Badwala. Ajab Singh, thereafter, told Davendra Singh that he should return to his house and he will collect the money from Mohd. Yakoob and return on my own. After this Davendra Singh returned from Badwala to Ambwari. According to Davendra Singh, Ajab Singh went to Mohd. Yakoob place in order to collect the money, but never returned. On the next day, his dead body was recovered by the police. Davendra Singh further states that a day before the incident i.e. 21.04.2000, both of them, namely, Davendra Singh and Ajab Singh had gone to Mohd. Yakoob's residence to collect the money, but Mohd. Yakoob had misbehaved with them. It was also stated in the First Information Report that apart from Mohd. Yakoob, the complainant has no enmity with any other person. He fully believed that his nephew had been murdered by Mohd. Yakoob. The complainant was informed about this tragedy on 23.04.2012 afternoon itself at about 03:00 -4:00 p.m., as it has come in the evidence. However, the family resides in a village in the hills (Dak -Pathar being in the foothills) and they could reach Dak -Pathar only the next morning i.e. on 24.04.2000 when they were informed about the sequence of events by Devendra Chauhan; who was studying with their deceased son. Finally the -report was lodged at Police Station at 08:30 p.m. on 24.04.2000.
(2.) THE inquest report, which is Ext. Ka -2, reveals that the inquest report was being prepared at 06.30 p.m. on 23.04.2000 and was completed about seven past five, in other words, it took about 35 minutes for preparation of the inquest. This report suggests that a body of a young man was found lying under a tree at the roadside, the body had no visible injury. Also at the time of preparation of the inquest report, it was not known as to who was the deceased. From the evidence on record it appears that the postmortem of the body of the deceased was conducted by Dr. A.K. Rastogi on 24.04.2000 at about 03:30 p.m. The postmortem report, which is Ext. Ka. 1, however, shows that there were three ante mortem injuries on the body of the deceased: - 1. Contused swelling on right side of head 5 c.m. x 4 c.m. inside 8 c.m. above right ear on desertion haemotoma present. 2. Contusion 10 c.m. x 6 c.m. on right side neck. Contusion 4 c.m. x 2 c.m. on left side neck. 3. In the post mortem report the eyes of the deceased were closed and liquid blood discharge was coming from the nostrils. The larynx was also found to be congested. In the opinion of the doctor, who conducted the autopsy on the body of the deceased, the cause of death was "asphyxia as a result of throttling".
(3.) AS per the prosecution, the accused/appellant was arrested at about 08:30 p.m. from his residence and at 09:30 p.m. on the pointing out of the accused, the weapon, used in the commission of alleged crime, was recovered, which was a thick "Danda".;

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