- (1.) THIS is an appeal against the judgment and order dated 29. 10. 1983 passed by IVth Addl. Sessions Judge, Mirzapur in ST. No. 347 of 1982 whereby the trial Court has convicted the appellants under Section 302 and 201, IPC and sentenced each of them to life imprisonment and to five years rigorous imprisonment for the above offences respectively.
(2.) DURING the pendency of appeal, appellant No. 1 Tafazzul Husain expired and his appeal abated vide order dated 15. 11. 2007. The trial relates to alleged murder of Atahar son of appellant No. 1 Tafazzul Husain and brother of appellant No. 2 Sabir Husain. The prosecution case was that on account of some differences and dispute between the appellants and the deceased, the appellants with the assistance of Alauddin (their relation) mur dered Atahar at their house. His dead body was cut into pieces and a part of dead body including leg was put in a gunny bag with some stones and was dropped in river Panda. Some clothes of the deceased were burnt inside the house itself and the head of the deceased was concealed near the house of the appellants. The case relates to police station Kon of district Mirzapur. The incident came to light when. Bhullan, chaukidar P. W. 1 of village Kon and some other persons noticed the gunny bag with part of body of a human in the river. Bhullan, Chaukidar re ported at police station Kon on 21. 1. 1981 that a gunny bag with parts of human body was found floating in the river. The information given by the chaukidar was registered as case crime No. 1 of 1981 under Section 302/201, IPC against un known persons. When the FIR was registered it was not known as to who was the person who had been killed. The prosecution claims that complicity of the appellants and of their com panion Alauddin came to light through circumstantial evidence and extra judicial confession. It is alleged that deceased appellant Tafazzul Husain had made extra judicial confession before Munnawar Ali P. W. 4 of village Rang Rang and the sole surviving appellant Sabir Husain made extra judicial confession before Islamuddin P. W. 5 son of son of Munnawar Ali P. W. 4. It is also claimed by the prosecution that some time around the date of commission of crime, Khadim Rasool P. W. 3 had seen Tafazzul Husain, Sabir Husain and Alauddin coming from the side of river in the mid night and on being asked by the witness, they told him that they had gone to river to catch fish and were returning from there.
(3.) ON the basis of information received through the statements of Munnawar Ali and Islamuddin, the police arrested Tafazzul Husain and on his pointing on 29. 1. 1981, the Investigating Officer collected ash of clothes of the deceased alleged to have been burnt in the houset of the appellants alongwith weapons of as assanlt i. e. Ramba, sword and Tassi from his house. It is claimed that Tafazzul Husain also produced before the police a piece of jaw of the deceased which he had concealed near his house. No recovery has been made out from or on the pointing of the appellant Sabir Husain. The police after investigation found that extra judicial confessions made by the appellants and recovery alleged to have been made under Section 27 of Evidence Act were sufficient to establish the complicity of Tafazzul Husain, his son Sabir Husain and their relation Alauddin in this crime. A charge sheet was accordingly submitted.;