Amar Saran, J. - (1.) AGGRIEVED by the judgment and order dated 30.3.2007 passed by the learned Additional Sessions Judge, Fast Track Court No. 1, Siddharth Nagar in S.T. No. 41 of 1999, the appellants before us have preferred the connected criminal appeals.
(2.) CRIMINAL Appeal No. 2837 of 2007, has been filed by appellant Noor Alam, who has been convicted and sentenced to death and a fine of Rs. 10,000 under Section 302/34, I.P.C. In case of default the appellant is to undergo six months additional rigorous imprisonment. The appellant Noor Alam was further convicted and sentenced to six years rigorous imprisonment and a fine of Rs. 5,000 under Section 201/34, I.P.C. and in case of default the appellant was to undergo three months additional rigorous imprisonment. A CRIMINAL Reference No. 13 of 2007 was also sent by the learned Sessions Judge under Section 366 of the Code of CRIMINAL Procedure for the confirmation of the sentence of death awarded to the appellant Noor Alam. The appellant Noor Alam is represented by Shri R. B. Sahai. The appellant Jalaluddin in connected Criminal Appeal No. 2542 of 2007, who is represented by Shri P. N. Mishra, the appellant Sunil Kumar alias Babloo Pathak, in connected Criminal Appeal No. 2423 of 2007, who is represented by Shri V. C. Tiwari, and the appellant Kranti Kumar in connected Criminal Appeal No. 2837 of 2007, who is represented by Shri G. P. Dixit, have all been convicted and sentenced to life imprisonment and a fine of Rs. 10,000 each under Section 302/34, I.P.C. and in case of default to six months additional rigorous imprisonment, and to six years rigorous imprisonment and a fine of Rs. 5,000 each under Section 201/34, I.P.C. On default they shall have to undergo additional 3 months rigorous imprisonment. In a short compass the facts of this case were that on 25.11.1998 at 4.30 p.m. an F.I.R. was lodged by one Sahdev, P.W. 1, the chaukidar of village Kodra, Police Station, Tetri Bazar, District Siddharth Nagar that on the same day in the afternoon he learnt from some villagers that near the Basauni culvert a headless dead body of a young man is lying and that the assailants have taken away the head.
(3.) ON the basis of this information, P.W. 9, S.O. of Police Station Tetri Bazar registered a case at case Crime No. 520 of 1998, under Section 302/201/34, I.P.C. against unknown persons. After preparing the nakal report and nakal chik, he reached the spot alongwith force and got the inquest (Ext. Ka 5) written out by P.W. 7 S.I. D. S. Yadav on his dictation. As the bloodstained pass-book of Gramin Bank, Chilhya was found in the pant of the deceased, which mentioned the name of Zabir Husain of village Phulwara, hence information was sent by R.T. set to S.O., Siddharth Nagar to contact some family members in the house of Zabir Husain and to bring him immediately to the village Basauni culvert. ON this information Sakir Husain, P.W. 6, arrived at Basauni culvert alongwith Pradeep Singh and after looking at the dead body, pass-book and clothes of the deceased, he identified the dead body to be of his brother Zabir Husain. After inquest, the dead body was sent for post-mortem. The post-mortem was conducted by Dr. R. S. Shukla, P.W. 8 at 3.30 p.m. on 26.11.1998 at District Hospital, Siddharthnagar on the headless dead body of the deceased. He found the following ante-mortem injuries : "1. Penetrating wound margins sharp 3 cm. 1 cm. on mid-abdomen, 7 cm. below umbilicus 3 feet intestine. Peritoneum prolapsing ; 2. Penetrating wound including 3 cm. 1 cm. right iliac fossae ; 3. 3 penetrating wounds margins sharp on right lower thoracic region penetrating to liver. 4. Penetrating injury by sharp edged weapon, on the right side front of lower part of chest 2 cm. 1 cm. penetrating to lung ; 5. Incised wound 6 cm above root of neck all over neck, the head part of the body was absent. The duration of death was about 40-48 hour and the death was caused due to haemorrhage and shock." A search was made for the head of the deceased near the place where the dead body was found, but it was traceless.;