Decided on August 05,2013

Shezad; Sahista; Rashid Appellant


- (1.) All These Three Appeals, Titled Above, Challenge The Same Judgment And Order Dated 17.12.2008 Rendered By Learned Additional Sessions Judge/Iii Ftc, Haridwar In S.T. No.112 Of 2004, State Vs. Rashid And Four Others, So Are Being Adjudicated By This Single Judgment.
(2.) The Aforesaid Trial Resulted Into The Conviction Of The Appellants/Accused Shehzad, Smt. Sahista And Rashid For The Offences U/S 302, 120-B And 201 Ipc And They Have Appropriately Been Sentenced By Learned Court Below. Coaccused Jamil And Majbool Were Acquitted From The Charges, So Levelled Against Them.
(3.) On 6.6.2003, A First Information Report Was Lodged At P.S. Kotwali Roorkee By Pw1 Zulfikar Ali (Father Of Victim) Averring That His Son Mudassir (Victim) Deals In Repairing Of Refrigerators. On 29.5.2003 At 12 Noon, His Neighbours Smt. Sahista And Shehzad Took Away The Victim To Meerut On The Pretext Of Showing A Second-Hand Fridge To Him Which They Intended To Purchase. When The Victim Did Not Return Till Late Night And Even The Next Day, The Informant With Another Son Anzar Along With Parvez And Few Other Villagers Proceeded For Meerut. There They Could Find Out The Location Of Accused Rashid, Shehzad And Smt. Sahista. The Reporter Enquired Them About The Whereabouts Of His Son Mudassir. On This, The Aforenamed Trio Began Shilly-Shallied And Did Not Respond Positively. The Complainant Then Returned And Met With Zamil (Father-In-Law Of Sahista) And His Younger Brother Mazbool. He Apprised Them About The Entire Facts. Both Of Them Assured The Complainant For The Safe Return Of His Son. But All Went In Vain. Ultimately, The Two (Zamil And Mazbool), In Presence Of Riyasat Ali And Others, Told Spade A Spade That They Had Done Whatever They Intended To, And He (Complainant) Was At Liberty To Seek Any Recourse, Which He Opts For. It Has Further Been Averred That Accused Rashid And His Family Members Were Suspicious About The Illicit Intimacy Developed Between Mudassir And Smt. Sahista. The Complainant Has Shown Apprehension In The Report That The Accused Persons, With A Pre-Meditated Plan, Have Killed His Son. With The Above Averments, The Fir Ex.Ka-1 Was Lodged. Chick Report Thereof Is Ex.Ka-13.;

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