Decided on October 05,2012

Jabir And Others Appellant


- (1.) Bisarat, father of victim, moved an application under Section 156(3) Cr.P.C. before the Magistrate concerned at Roorkee, District Haridwar, alleging murder of his son. According to the complainant, his son Haseen, aged 07 years, was missing since 03:00 p.m. of 08.10.1999. On 10.10.1999, the dead body of Haseen was found in the sugarcane field of one Yaqoob. Post mortem on the dead body of Haseen was conducted on 11.10.1999. After burial of the dead body, the complainant continued to make inquiry about victim s death. Fellow villagers Sayeed and Murad Ali told the complainant that they saw Husn Jehan holding the hands of Haseen at her residence on 08.10.1999 at 03 3 p.m. Fellow villager Suleman informed the complainant that he saw Haseen in the company of Jabir and Zakir, both sons of Munfait, near the field of Yaqoob on 09.10.1999 at 06:00 a.m. The matter was reported to P.S. Manglore on 12.10.1999, but the Police did not lodge the report. Bisarat met S.P., Haridwar, but neither the accused persons were apprehended nor any action was taken against them. He was a very poor person and he was receiving threats of dire consequences. Police lodged FIR only on the intervention of Magistrate concerned, who directed the Police on 19.11.1999, to register the case and investigate.
(2.) On the basis of such direction of learned Magistrate, investigation of the case was conducted, which culminated in submission of charge sheets against Jabir s/o Munfait, Zakir s/o Munfait and Smt. Husn Jehan d/o Munfait for the offences punishable under Sections 302/364/201 IPC.
(3.) Learned trial court framed charges against the charge sheeted offenders for the offences punishable under Sections 364, 201 and 302/34 IPC, to which they pleaded not guilty and claimed trial. Prosecution examined as many as 12 witnesses, namely, PW1 Bisarat, PW2 Murad Ali, PW3 Sayeed Ahmad, PW4 Suleman, PW5 Munfait s/o Mohammad Ali, PW6 ASI Dal Chand, PW7 Mansab s/o Noor Hasan, PW8 J.P. Juyal, Inspector, Lalkuan, PW9 Doctor A.K. Jain, PW10 SI Deepak Malik, PW11 Head Constable Anand Prakash and PW12 SI Rajpal Singh. When the substance of such evidence was put to the accused persons under Section 313 Cr.P.C., they said that the prosecution evidence was false. No evidence was however, adduced in defence. After considering the evidence on record, learned trial court convicted accused persons in relation to the offences, for which they were charged and were sentenced appropriately. Aggrieved against the said order, present Criminal Appeal was preferred.;

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