Pritinker Diwaker, J. - (1.) These two appeals arise out of judgments dated 22.8.2008 and 20.11.2008 passed by the Additional District & Sessions Judge, Fast Track Court No.4, District Aligarh in Sessions Trial No.616 of 2005 (State v. Imran & Shahjad) and No.616-A of 2005 (State v. Furqan) respectively, convicting the accused appellants under Sections 302/149 and 201 of IPC and sentencing them to undergo imprisonment for life, with a fine of Rs.20,000/- each, in default thereof, twenty months' additional simple imprisonment, and to undergo three years' rigorous imprisonment, with a fine of Rs.3000/- each, in default thereof, three months' additional simple imprisonment.
(2.) As per prosecution case, accused Furqan was in the business of selling and consuming drugs (smack). Deceased Anees was one of his customers. Further case of prosecution is that Anees and Furqan were having strange relations as on the report of Anees, Furqan was sent to Jail for committing an offence under Section 302 of IPC. On 12.1.2005, in the night, deceased Anees was seen entering the house of Furqan by (PW-3) Aleem and one Sharif, uncle of the deceased and on the next date, i.e. 13.1.2005, in the morning hours, dead body of the deceased was found in an abandoned area, which is about two kilometers away from the house of accused Furqan. On 13.1.2005 at 9:05 am, FIR, vide Ex.Ka-16 was lodged by (PW-1) Parvez under Sections 302 and 201 of IPC, showing suspicion against accused Furqan and his friends.
(3.) Inquest on the dead body of the deceased was conducted on 13.1.2005 and the body was sent for postmortem, which was conducted on the same day by (PW-5) Dr. Pramod Kumar, vide Ex. Ka-16. As per Autopsy Surgeon, following four injuries were found on the body of the deceased: "1.A half circle ligature mark in 17 cm x 2 cm on front of neck & on both sides laterally. Not knought marker present, and multiple incised wound (11 eleven in numbers) size 1 cm x 0.3 cm x muscle & trachea deep on front of neck on left side, clotted blood present & neck muscle are conjested underneath the ligature marked. 2.An abraded contusion in 9 cm x 6 cm on right side of forehead and head. 3.A.L.W. in 3 cm x 2 cm x muscle deep on front of left ear.;