IMPORTANT POINT
Circumstantial evidence, Motive and Last seen theory.

JUDGMENT

T.S. Thakur, J.:-

This appeal arises out of a judgment and order dated 27th August, 2008 passed by the High Court of Uttarakhand at Nainital whereby Criminal Appeal No.298 of 2001 filed by the appellant has been partly allowed. The High Court has while setting aside the conviction and sentence awarded to the appellant under Section 302 IPC upheld his conviction for offences punishable under Sections 171, 201 and 420 IPC and the sentence awarded by the trial Court for these offences. The High Court has further convicted the appellant for an offence punishable under Section 365 IPC and sentenced him to undergo rigorous imprisonment for a period of seven years on that count.

2. The facts giving rise to the arrest and eventual conviction of the appellant have been set out by the High Court at length. We need not, therefore, recapitulate the same over again except to the extent it is absolutely necessary to do so for the disposal of this appeal. Suffice it to say that the appellant according to the prosecution dishonestly induced the complainant Dr. Mohd. Alam (P.W.2) at Dehradun to deliver his car bearing registration No.URM 2348 and a sum of Rs.15,000/- and at about 1.30 p.m. on the same day abducted Abdul Mabood, brother of the complainant with the intention to commit his murder. The prosecution case further is that sometime between 1.7.1987 and 2.7.1987, Abdul Mabood was murdered near a canal on Kairana Panipat Road in District Panipat and with a view to cause disappearance of any signs of the crime committed by him threw the dead body of Abdul Mabood in the Canal. A report for the alleged commission of offences under Sections 406, 419, 420 and 365 IPC was lodged by Dr. Mohd. Alam on 6.7.1987 at Police Station Dalanwala based on which Crime No.185/1987 was registered and the investigation undertaken by Muzaffar Ali - Sub-Inspector, examined as PW17 at the trial. In the course of investigation the said witness took the appellant into custody, recovered the car bearing Registration No.U.R.M.2348 from Panipat and effected seizure of some letters allegedly written by him. Further investigation of the case was then handed over to Mr. J.P. Sharma (P.W.18) who completed the same and submitted a charge sheet against the appellant for offences punishable under Sections 364, 302, 201, 420, 170 and 171 I.P.C.

3. The appellant was in due course committed to the Court of Sessions to face trial before the III Additional Sessions Judge, Dehradun who framed charges against the appellant to which the appellant pleaded not guilty and claimed to be tried.

4. At the trial Court the prosecution examined P.W. 1 Raees Ahmad, P.W.2 Dr. Mohd. Alam, also complainant in the case; P.W.3 Hari Om, P.W.4 Jiledar Singh, P.W.5 Hizfur Rahman the brother of Abdul Mabood-deceased; P.W.6 Anees Ahmad, P.W.7 Akash Garg, P.W.8 Badloo Ram, P.W.9 Jai Bhagwan, P.W.10 Ajit Chopra, and nine other witnesses including P.W.17 Muzaffar Ali and P.W.18 J. P. Sharma who concluded the investigation and P.W.19 Ramanand Pandey, another Scientific Officer of Forensic Laboratory, Agra. The appellant examined D.W.1 Yashveer Singh, his brother and D.W.2 Constable Om Prakash, in his defence.

5. Appreciation of evidence thus assembled at the trial led the trial Court to the conclusion that the appellant had committed offences punishable under the provisions with which he stood charged and accordingly sentenced him to life imprisonment for the offence of murder besides a fine of Rs.3,000/-. For the remaining offence he was sentenced to undergo rigorous imprisonment ranging between two months to five years with the direction that all the sentences shall run concurrently.

6. Aggrieved by the judgment and order passed by the trial Court the appellant preferred an appeal to the High Court of Allahabad from where the same was transferred to the High Court of Uttarakhand at Nainital in terms of Section 35 of the U.P. Re-organisation Act, 2000. The transferee High Court allowed the appe