19 (3 ) ALJ 510 , ,MANU/UP/0172/2019Sudhir Agarwal#Ram Krishna Gautam#20UP1000Judgment/OrderACR#ALJ#MANURam Krishna Gautam,ALLAHABAD2019-1-3016824,16209,16125,16010,16759,16298,16149,16369,16371 -->


True Court CopyTMACR


Criminal Appeal No. 1813 of 2011

Decided On: 24.01.2019

Appellants: Md. Qamar Vs. Respondent: State of U.P.

Hon'ble Judges/Coram:
Sudhir Agarwal and Ram Krishna Gautam


Ram Krishna Gautam, J.

1. Heard Sri Pradeep Kumar Mishra, learned Amicus Curiae, for the appellant and Sri Nikhil Chaturvedi, learned AGA for the State. Perused the lower court's record.

2. Present Criminal Appeal under Section 374(2) of Cr.P.C. has been filed by convict appellant Mohd. Qamar @ Bablu against judgment and order dated 3.2.2011 passed by Additional Sessions Judge/Special Judge (E.C. Act), Court No. 2, Allahabad, in S.T. No. 740 of 1997 (State Vs. Md. Qamar @ Bablu) related with Case Crime No. 79 of 1997, under sections 376, 302, 201 I.P.C. of Police Station Sani, the then District Allahabad, presently District Kaushambi, whereby convicting appellant Mohd. Qamar @ Bablu, under section 302 I.P.C. and sentencing him for life imprisonment along with fine of Rs. 30,000/-, in default of payment of fine additional imprisonment of six months was to be undergone, rigorous imprisonment of ten years with fine of Rs. 20,000/-, in default three years additional imprisonment for offence punishable under section 376 I.P.C. and rigorous imprisonment of three years with a fine of Rs. 5000/-, in default of payment of fine one month's additional imprisonment for offence punishable under section 201 I.P.C. with a condition that all those sentences shall run concurrently on the ground that the trial court failed to appreciate the facts and law placed before it. Conviction and sentences are against weight of evidence on record, prosecution has failed to prove guilt of the appellant beyond reasonable doubt even then judgment of conviction and order of sentence was made therein. There was no eyewitness account of the occurrence and conviction and sentences are too severe, hence this appeal.

3. Prosecution case was that first information report (Ext. Ka1) under the scribe of Siddikul Hasan resident of village Lehadri Khatib with thumb impression of informant Smt. Sifatun Nisha (PW2) was presented at P.S. Saini on 19.2.1997 at 20.40 hours by the informant against Mohd. Qamar @ Babloo, son of Mohd. Umar, resident of same village Lehadri Khatib of P.S. Saini for offences punishable u/s. 302, 201, 376 I.P.C. with this contention that the informant's daughter Km. Nasreen Bano @ Gudia, aged about 14 years, was out of her house for playing on 18.2.1997 but she did not turn up, till evening. She was being vehemently searched. On 19.2.1997 her dead body was found in a dilapidated room of Amanatullah being used as cowshed. In the evening of 18.2.1997 her daughter was seen inside the house of Mohd. Qamar @ Bablu, whil........