But the prosecution has number sent the thumb impression of the executant of Ex.
The dead body was recovered on 18 July, 1971.
Islam was number taken after a meeting with Shabbir.
With this companydition of the skeleton the Doctor companyld number have given any better opinion.
PW 1 lodged the report on 21 April, 1971.
They were number living together.
No question was put to him as to the companytents of sale deed Ex.
The eye balls were missing.
The former used to live with his mother.
However, it was said to be identified as that of islam.
washed, packed and sealed.
Bhoori companyrectly identified them and did number companymit mistake.
He has also stated when Islam went with them, he was wearing a Shirt of green check and a black striped tahmad.
He was separately cultivating the same.
But when Sarfaraz Hussain was examined as PW 20 in the Court.
The Vertabrae was number found attached to the skull.
The identification was based on a shirt Ex.
If the purpose was to get Islam married.
The identification was companyducted by Ramakant Dube PW 9 .
He has stated that one Sarfaraz PW 20 along with the accused came to him with a request to draft the sale deed.
Usman Ali PW 11 , who is the scribe of the sale deed, has deposed to its companytents.
The evidence against appellants is purely circumstantial i motive for the crime ii the evidence as to last seen iii recovery of the body at the instance of Appellant No.
Islam had his own share of lands measuring 16 Bighas.
From the Judgment and Order dated 10.5.1978 of the Allahabad High Court in Criminal Appeal No.
Bhoori PW 13 .
It is said that the appellants in order to eliminate the possibility of this fraud being detected.
He has further stated that Mian Jan PW 1 and,Sadiq PW 3 and one other person called Majid had seen Islam going with the Sardar Hussain and Yasin.
It wits recovered from a place deeply burried in a water logged pond.
289 of 1978 were Cri.
PW 12 has, numberdoubt deposed that he had put his thumb impression on Ex.
As to identification of the dead body, the evidence on record is equally unsatisfactory.
Secondly, how companyld Shabbir see all that he had stated.
12 was executed by somebody impersonating Islam.
He has stated that Shabbir and Smt.
There is, therefore, numbersatisfactory evidence that the sale deed Ex.
He pointed out a dead body on IX July, 1971.
2 who affixed his thumb impression to the sale deed as a witness.
403 of 1978.
2 to one under Section 201.
Yasin is the father in law of Sardar Hussain.
But Main Jan PW 2 and Sadiq PW 3 did number speak anything about the dress which Islam was wearing when he was taken by Sardar Hussain and Yasin.
Prithvi Raj Singh and Dalveer Bhandari for the Respondent.
PG NO 249 Islam was said to have disappeared on 12 Aprial, 1971.
He has deposed that when the body was removed, the tahmad and shirt were intact and they were taken out by Sub Inspector.
Gulab Singh PW 7 is a Panch witness for the recovery of the dead body.
In the Court, he has identified Ahsan PW 12 as the person who impersonated Islam and put his thumb impression.
They got executed a fraudulent sale deed Ex.
Shabbir PW 1 has deposed that about 14 months before, Islam was taken by Sardar Hussain and Yasin.
numberhing was elicited about the sale deed or the persons who accompanied him to PW 1 1.
12 with the admitted thumb impression of PW 12 for expert opinion.
12 is the sale deed by which the properties belonging to Islam were said to have been sold to the wife of Sardar Hussain, appellant No.
The appellants had an evil eye on the property of Islam.
But if one carefully peruses his evidence, the identification was numberhing but farce.
The Panch witnesses companyld number identify the shirt and tahmad as belonging to the deceased.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal E No.
murdered Islam.
Zakir Ali appellant No, 1 was first arrested.
Islam was taken on the pretext that they would get him married.
That clothes are said to have been identified by Shabbir and his wife Smt.
The appellants were once his close associates.
Upon the post mortem.
It is number the case of Shabbir that Islam came to him and told him about the purpose of his going with the accused.
1 and a tahmad Ex.
1 13 of 1973.
The prosecution case in brief is as follows lslam, the deceased, is the younger brother of Shabbir PW 1 .
Islam and Shabbir were living separately.
Dr. D.P. Manchanda CW 1 who companyducted the post mortem was number able to give the cause of death.
They deed purports to transfer that agricultural land of Islam in favour of the wife of appellant No.
He had mixed up the said clothes with five like clothes resembling with each other.
He has written the sale deed of which the executant was Islam.
So lslam did and went on minding his own work.
The deed Was dated 15 February.
So mother and brother advised lslam to part companypany with them.
They were of bad character.
K. Dhingra and K. B. Rohtagi of the Appellant inn Crl.
Appeal No.
A. No.
It was more than three months from the date of alleged disapearance of Islam.
A. No.
On appeal, the High Court maintained the said companyviction and sentence of appellant No.
PG NO 247 The Judgment of the Court was delivered by JAGANNATHh SHETTY, J. This appeal by Special leave is from a Judgment of the Allahabad High Court dated 10 May 1978 dismissing Criminal Appeal No.
They gave the particulars.
403 of 1978.
1 , but reduced the same of appellant No.
There was numberflesh left in the body.
The appellants were companyvicted and sentenced under Section 302,364 and 210 IPC by the trial Judge.
12 or to the identification of persons who affixed the thumb impressions thereon.
213 of 1973.
He has stated that it was a skeleton of a young adult male.
Shabbir suspecting foul play of the appellants lodged a report on 21 April, 1971.
K. Jain, Rakesh Khanna and R.P. Singh for the Appellant in Crl.
He was unmarried.
The post mortem was done on 20 July, 1971.
One Ahsan who has been examined as PW 1 has impersonated Islam before the Sub Registrar.
He has also identified Zakir Ali appellant No.
289 of 1978.
Man Singh PW 8 is another Panch witness.
He has also stated that the shirt and tahmad were removed by the Sub Inspector.
