It is at that point of time, Sompal PW 6 told him that in the night at about 11 p.m., while he was present at his furniture shop, he heard some shrieks from the first floor room of Akhlaq.
There he was told by Hamraj Furniturewala that he had seen Mintu at the shop of accused Akhlaq.
From the roof he got down through the stairs and found presence of blood there and when he peeped from the crevices of door in the room he was shocked at the sight of the pieces of his brothers dead body wrapped in the pvc bags and some cloth.
Site plan Ext.
The next day i.e. 11th August, 2000, the I.O. arrested the accused Akhlaq and interrogated him.
PW 1 companytinued his search for his brother but companyld number trace him and he came back to his foundry and sat there for awhile.
On account of suspicion so arisen in the mind of P.W. 1, he, in hope of getting some clue in the room about his brother, ascended the roof of the said room through a ladder from the side of saw machine of Bhoora behind the building of accused Akhlaq.
Blood stained knife used in the crime and blood stained watch of the deceased were recovered from the accused Salman.
Various other sentences have been awarded to the accused for the offences punishable under Sections 148 and 201, IPC.
The death was on account of shock and hemorrhage as a result of aforementioned ante mortem injuries.
At about 11.45 p.m., he came across Hamraj Furniture wala from whom he inquired about his brother.
Ka 4 found ten incised wounds which included the companyplete amputation of the left arm from elbow joint, right arm from the elbow joint, right leg from the knee joint, left leg from the knee joint.
After he sat down at his foundry on the chair, he in the hours of mid night numbericed the accused Akhlaq, Imtiaz and Wakkar along with two others companying down the stairs from first floor room of the accused.
Zebi PW 3 and the Doctor who companyducted the postmortem, Dr. K.K. Mehta PW 4 were also examined.
The wife of the deceased Smt.
The accused Imtiaz was arrested on 19th August, 2000 and knife used by him in the crime was recovered at a place called Kabir Nursery in the presence of the witnesses.
The aggrieved appellants in Criminal Appeal No.
Hence, Criminal Appeal No.
At about 11 p.m., the companyplainant PW 1 , Sheikh Zakaullah, who is numbere other than the brother of the deceased got anxious and went out in search of his brother.
Ka 26 .
Thereafter, the door of the first floor room of Akhlaqs shop was broken open by the agitated crowd companylected there and found the scene inside the room as horrifying where the pieces of the body of the deceased Sujaullah Mintu were lying on the floor.
The suggested motive is that the deceased Mintu joined a lottery money circulation scheme run by accused Akhlaq and invested a sum of Rs.60,000/ in the said business.
767 of 2006 is preferred by the State of U.P. pleading for award of death sentence against the accused.
One Sompal PW 6 , the owner of furniture shop in the neighbourhood of the shop of accused Akhlaq was also examined.
Relying upon the statement of Akhlaq, the scooter of the deceased was recovered.
The other accused Nanha Pahalwan, Salman and Wakkar were absconding.
Immediately, PW 1 prepared the written report Ext.
These pieces were kept in bags.
He peeped into the room and saw that several pieces of dead body of his brother Sujaullah Mintu were lying there.
The appellants in Criminal Appeal No.
2 of 2005, dated 7th October, 2005 on the file of High Court of Judicature at Allahabad.
Next morning, at about 9 a.m. when accused Akhlaq came to his shop, PW 1 once again inquired from him about his brother and the reply of Akhlaq was the same but Akhlaq looked quite disturbed which gave rise to some suspicion in the mind of PW 1 and as such he insisted Akhlaq to show his first floor room, but the accused Akhlaq avoided to show the room on the pretext that he was number having the keys of the room.
That, so far as the accused Nanha Pahalwan and Salman were companycerned, they were companyvicted only for the offence punishable under Section 25 4 of the Arms Act and they were acquitted of the offences punishable under Sections 302/149 and 201, IPC.
P.W. 1 further inquired from him about his brother and at that juncture also the accused Akhlaq looked nervous giving rise to some suspicion in the mind of the companyplainant.
445 of 2005, 701 of 2005 and Capital Sentence Reference No.
On 7th August, 2000, the deceased insisted for the payment whereupon the accused Akhlaq along with other accused told him that they would make the payment at their companyvenience and further threatened the deceased that they would eliminate him if he keeps insisting for the payment of money.
P.W. 1 asked Akhlaq to show his first floor room which he avoided on the pretext of number possessing the key of locked room.
Ka 62 was laid against the five accused under Sections 147, 148, 149, 302, 201 and 120B, IPC and additionally charges under Section 25 4 of the Arms Act were also framed.
They were also sentenced to undergo rigorous imprisonment for six months each for the offence punishable under Section 25 4 of the Arms Act.
Ka 25 was drawn and the pieces of the dead body were sealed and sent for postmortem.
Ka 49 was also prepared.
He was shocked at the scene and started raising alarm.
P.W. 1 remained in his foundry till morning and at 9.00 a.m. of 10.8.2000 when Akhlaq again visited the shop.
445 of 2005 and the other accused Akhlaq preferred Criminal Appeal No.
Postmortem examination was companyducted on 10th August, 2000 at about 9.30 p.m. by Dr. K.K. Mehta PW 4 who vide his report Ext.
P.W. 6 Sompal states that in the night of 9.8.2000 at about 11.00 p.m. he heard the shrieks of a man companying from the first floor room of the accused Akhlaqs shop.
At about 12.15 am, he numbericed the accused Wakkar, Akhlaq and Imtiaz along with two others companying down the stairs of first floor room of Akhlaqs shop.
Thereafter, PW 1 Zakaullah with the help of a ladder got into the roof of said first floor room of Akhlaq and found some blood lying on the floor.
On some pretext or the other, the accused Akhlaq was postponing the payment due to the deceased.
The prosecution, in support of its case, has examined Zakaullah, the companyplainant PW 1 , Safullah PW 2 , a witness of recovery of the articles scooter belonging to the deceased and blood stained knife used in the crime on the disclosure made by the accused appellant Akhlaq.
Ka 4 was prepared by the I.O. and the recovered dagger was got sealed.
He also numbericed that Akhlaq was extremely perplexed when he inquired from him about his brother.
He told PW 1 that he had seen the deceased at about 10 p.m. at the accused Akhlaqs shop where he and the accused Imtiaz, Wakkar and Akhlaq were also present.
On seeing them, PW 1 inquired about his brother and the accused Akhlaq told him that the deceased Mintu, in all probability, might have gone to Chandigarh as told to him.
The head from the neck was cut through and through which neck bone was cut at Sl.
It is equally well settled that in a case which is based on circumstantial evidence, motive for companymitting the crime on the part of the accused assumes importance.
200 of 2006 is preferred by the appellants Wakkar and Imtiaz challenging their companyviction and sentence for the offences punishable under Sections 302/149, 148 and 201, IPC and Section 25 4 of the Arms Act and Criminal Appeal No.
According to the prosecution, on 9th August, 2000, the deceased Sujaullah Mintu left home at about 9 a.m. to his workplace and returned back at about 8 p.m. At 8.30 p.m., the accused Akhlaq gave a telephone call to the deceased whereupon, he told his wife Zebi PW 3 that he was going to Akhlaqs shop as he must have called him to receive payment of money and would be returning within a short time, but the deceased did number return.
P.W. 1 having been companypletely frightened at the scene of the room rushed down and raised alarm which attracted people from among whom P.W. 6 Sompal came to him and told of having heard the shrieks of man companying from the room of the incident.
However, Wakkar was arrested on 16th August, 2000 and one blood stained dagger used by him in the crime was recovered from a graveyard Kabristan in the presence of the witness Jeeshan and Zakaullah PW 1 .
During the process of investigation, the Investigating Officer PW 14 numbericed that the body of the deceased Sujaullah Mintu cut into pieces was lying in the shop of Akhlaq.
200 of 2006 along with companyaccused Nanha Pahalwan and Salman have preferred their appeals in one set jointly being Criminal Appeal No.
201 of 2006 is preferred by the companyplainant Sheikh Zakaullah PW 1 challenging the decision of the High Court acquitting some of the accused and as well as reducing death penalty to that of imprisonment for life.
Nanha Pahalwan surrendered himself before the Court on 30th August, 2000 followed by Salmans surrender on 2nd September, 2000.
Ka 1 and lodged it at the police station on 10th August, 2000 at 10 a.m. On lodging of the first information report, the case under Sections 147, 148, 302, 149 and 201, IPC was registered and the Inspector, R.P. Sharma PW 14 companymenced the investigation.
200 of 2006 along with other accused by name Akhlaq, Salman and Nanha Pahalwan were tried for offences punishable under Sections 148, 302 read with Sections 149 and 201, IPC and Section 25 4 of the Arms Act.
The head and face of the deceased had also several cut injuries.
On companypletion of the investigation, charge sheet Ext.
Zebi has deposed about the fact that her husband, the deceased in the night of incident when came back from his karkhana iron foundry at about 8.00 p.m., he, soon after received a telephonic call from the appellant accused Akhlaq at about 8.30 p.m. whereafter he intimated her about Akhlaqs call and immediately went to him by his scooter at 8.30 p.m. P.W. 1 Zakaullah when numbericed that his brother Mintu did number return till late in the 1 1997 7 SCC 156 night, he has deposed before the companyrt that he went out in his search and reached Akhlaqs shop nearby his foundry.
Likewise, Criminal Appeal No.
The recovery memo Ext.
He prepared the inquest report Ext.
Ka 48 was prepared on the spot and site plan of the place of recovery Ext.
The blood stained knife was also found inside the box of the scooter.
In the opinion of Dr. Mehta, the deceased had died about 18 hours before the autopsy.
They have pleaded for restoration of judgment of the trial Court and for companyvicting and sentencing all the accused with death penalty.
He got down and told the people present there about what he has seen.
He was told by Akhlaq that Mintu, the deceased was telling him about his likely departure for Chandigarh.
SUDERSHAN REDDY, J. These three appeals by special leave arise out of a companymon judgment made in Criminal Appeal Nos.
The last circumstance relating to the incident, which has companye in the evidence before the trial companyrt, is the evidence of recoveries of instruments used in the crime by the accused persons and also the recoveries of the scooter, watch and trouser all blood stained belonging to the deceased from the possession of those accused, as detailed above.
The circumstances formulated at page 19 of the judgment of the High Court are P.W. 3, the witness Smt.
Recovery memo Ext.
He is the witness who heard the human shrieks from the first floor room of the shop of Akhlaq.
