Surendra Vikram Singh Rathore, J. - (1.) Mr. Shahid Akhtar, Advocate, holding brief of Mrs. Begum Sabiha Kamal, learned counsel for the appellants, and Mr. Umesh Verma, learned AGA for the State were heard at length.
(2.) Under challenge in the instant appeal is the judgment and order dated 28.03.2003 passed by Sessions Judge, Hardoi, in Sessions Trial No. 695 of 2001 arising out of Case Crime No. 37 of 2001, Police Station Pihani, District Hardoi, whereby the present appellants were convicted for the offence under Sec. 302 read with 34 IPC and were sentenced with imprisonment for life and were also convicted for the offence under Sec. 201 IPC and were sentenced with three years' rigorous imprisonment. Both the sentences were directed to run concurrently.
(3.) In brief, the facts necessary for disposal of the instant appeal may be summed up as under: - - "Alauddin deceased was a young boy aged about 16 years, who was the son of appellant Smt. Husn Jahan widow of Ashiq. Ashiq happens to be the son of the complainant Smt. Raheesa (PW -1). PW -2 Shamshuddin is the younger brother of deceased Alauddin aged about 9 -10 years. Appellant Smt. Husn Jahan, Shamshuddin and deceased Alauddin used to live in the same house whereas PW -1 Raheesa used to live in a separate portion of the same house, which was separated by a gallery. Since the husband of appellant Smt. Husn Jahan had died much prior to this incident therefore she developed illicit relations with appellant Kanhaiya Bux Singh and was living in adultery with him. They were visiting each others house frequently. Deceased Alauddin always objected this relationship and several times he asked appellant Kanhaiya Bux Singh not to visit his house. There were quarrels and marpeet between Smt. Husn Jahan and Alauddin. On 14.01.2001, again some quarrel took place between Alauddin and accused Smt. Husn Jahan. At that time PW -2 Shamshuddin was present in the house. After such quarrel, the deceased Alauddin was missing from his house. Therefore, a report of missing was given by the complainant Smt. Raheesa at the police station 08.02.2001. Thereafter a headless dead body was recovered on 10.02.2001 from Gomti river which was identified by the complainant Smt. Raheesa as the dead body of her grandson. Thereafter complainant Smt. Raheesa lodged a first information report of this case and expressed her suspicion on appellants that they have committed the murder of her grandson Alauddin. On this information, the case was registered.";