S.K.AGARWAL, J. - (1.) This criminal appeal arises out of a conviction of appellant, Arif Umar, under S. 302, I.P.C. and sentence of life imprisonment awarded to him by the IX Additional Sessions Judge, Kanpur, in S.T. No. 34 of 1978.
(2.) According to the case of the prosecution, which rests solely on circumstantial evidence, the appellant is the son of former Principal of Sidiq Faize-am Inter-College, Kanpur, Sri Akbar Ali. Akbar Ali retired on 30-6-1976 and from August, 1976 P.W. 2 Ashfaq Husain was working as officiating Principal. One Alauddin was appointed as officiating Principal before his appointment, but, since he had more children than two, he was not allowed to continue. Akbar Ali used to visit the college even after his retirement. It is alleged that he was using the telephone and also the Peons. The teachers of the college were teasing Ashfaq Husain, officiating Principal, on this score. They used to tell him that you are the Principal, but Akbar Ali is exercising authority over everything. It is further the case of the prosecution that Laddan son of Akbar Ali applied for appointment to the post of Clerk in the college, but his appointment, till the date of incident, could not take place. It has further occurred in the evidence that after his taking over as officiating Principal his relations with Akbar Ali were strained. Akbar Ali was of the opinion that his extension could not take place because of Ashfaq Husain. The prosecution further goes on to allege that all the sons of Akbar Ali used to visit the college like their house. The aforesaid college had two wings, one the Junior Section of which P.W. 1 Syed Asfaq Husain Zaidi is the Headmaster and the other was higher section of which Ashfaq Hussain is the Principal. Syed Asfaq Husain Zaidi is the maker of the F.I.R. regarding murder of Ashraf Husain son of Ashfaq Husain, the Principal of the Intermediate section.
(3.) The alleged incident of abduction of Ahsraf Husain, a child aged six years, had taken place on 13-9-1977 after 2.30 p.m. His absence could be noticed after the recess at about 2.50 p.m. when attendance was taken and deceased Ashraf Husain was found absent. The information of the absence of Ashraf Husain was communicated to P.W. 2 Ashfaq Husain. A search was conducted, but no whereabouts of Ashraf Husain could be found. The Headmaster, P.W. 1 along with P.W. 2 remained present in the school premises. These were the days of Ramjan. The Principal and the Headmaster broke their fast in the school itself. At about 7.30 p.m. they received a telephone call. Syed Asfaq Husain Zaidi, the Headmaster, received it. The caller told the recipient that "if you want your child alive, place Rs. 5000.00 over the Electric Meter fitted in the house of Akbar Ali, the former Principal of this college". The telephone was disconnected immediately afterwards. Information of this communication was passed on to the father of the victim, Ashfaq Husain. Ashfaq Husain, P.W. 2, set out afterwards either in search of his son or to arrange the amount. He came back to the school after 12.00 in the night. 5-10 minutes before his return, the Headmaster prepared a written report. This report was lodged by Syed Asfaq Husain Zaidi at the police station, which is Ext. Ka-1 on record. The father of the victim, Ashfaq Husain, had already lodged a report of disappearance of his son at P.S. Kotwali, Kanpur. In all probability, this report was taken down as Daryaftal. This report has not been brought on record of this case. This,in the nutshell, is the story of disappearance of Ashraf Husain son of Ashfaq Husain, the Principal of the college, from the school.;