Decided on October 31,2012

ALAM Respondents


- (1.) Present Government Appeal was preferred by the State of Uttaranchal against the judgment and order dated 14.10.2005, passed by learned Sessions Judge, Haridwar in Sessions Trial No. 09 of 1999, whereby accused / respondent Alam was acquitted of the charges of offences punishable under Sections 364, 302 and 201 of IPC giving him benefit of doubt.
(2.) The contention of learned Deputy Advocate General was that whereas accused Pyara was convicted by learned court below, co-accused Alam (present respondent) was acquitted of the charges levelled against him. Learned court below has failed to take note of the fact that accused respondent Alam was the brother-in-law of accused Pyara and the respondent Alam also participated in the commission of crime. It was also contended that learned court below has wrongly disbelieved the prosecution evidence and wrongly acquitted accused-respondent Alam. It was prayed that the present Government Appeal be allowed and impugned order of acquittal of accusedrespondent be set aside.
(3.) A missing report (Ext. Ka-1) was lodged by Gulzar to Inspector, Police Station Kotwali, Roorkee on 09.10.1998 informing that his son Gulfam, aged 12 years, was missing since 12 noon of 03.10.1998. A frantic search for the missing child was made, but to no avail. After lodgement of said missing report, informant Gulzar lodged a first information report (Ext. Ka-2) on 24.10.1998, alleging that his son Gulfam was missing since 03.10.1998 and despite best efforts, the child could not be traced. It was also alleged in the first information report that on the selfsame day (i.e. 24.10.1998) in the morning, Taufeeq, Waseem and Shaukeen told the informant that on 03.10.1998, at about 12 noon, when they were playing in the field, Pyara s/o Asgar came there and asked them to call Gulfam. Gulfam came to his house, changed his clothes and went with Pyara. In the meantime, fellow villagers Yasin, Hamid and Noor Hasan told informant that they saw the victim in the company of Pyara and his brother-in-law Alam (respondent) on 03.10.1998 at 06:00 P.M. in the jungle. Informant Gulzar apprehended that his son Gulfam was killed by Pyara and respondent Alam.;

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