- (1.) IMTIYAZ Murtaza,J. These appeals have been preferred assailing the judgement and order dated 7.1.2010 passed by Additional Sessions Judge, court no.1 in S.T. No.810 of 2006 whereby the court below recorded verdict of conviction against the appellants under Section 302/34 I.P.C. and each of them were sentenced to undergo imprisonment for life together with a fine of Rs.10,000/- with default stipulation to suffer further imprisonment for one year. The appellants have further been convicted under Section 201/34 I.P.C and sentenced to undergo imprisonment for two years R.I.. together with a fine of Rs.5,000/- with default stipulation to suffer further imprisonment for six months.
(2.) SINCE all the above appeals stems from a common judgement rendered in ST No 810 of 2006, they were lumped together and heard as a composite case and the same are being decided by a common judgement. Filtering out unnecessary details, the prosecution case is that on 9.5.2005, a marriage function of the daughter of first informant's uncle was being held at Khushhal Ka Pura Mohari within the circle of PS Soraon. After the ceremony of Dwarchar was over, marriage feast was served at about 10.00 P.M. At that time, informant's son aged about 12 years was seen outside the main gate of the house. However, at about 11.00 P.M when he was not nowhere to be seen, the family members grew anxious and a thorough and assiduous search was launched all around in the area but he was nowhere traceable. Next morning when the villagers had gone to answer the call of nature near the brook, they noticed the dead body of a boy in the field. A hue and cry was raised which attracted several persons and the body was identified to be that of his son Vishal aged about 12 years. In the report he gave currency to the suspicion that whatever had happened with his son had happened as a vengeance and motivated by jealousy and that he could not clearly mention names of the culprits at this stage. He also expressed apprehension that he could also meet the same fate at the hands of the culprits.
(3.) THE report of the incident was registered at case crime no.105 of 2005, under Sections 302, 201 and 120-B I.P.C against unknown persons. Sri Vivekanand, S.H.O., P.S. Soraon embarked upon investigation. He prepared the inquest report, which is Ext.Ka-7. He also processed relevant papers for the post mortem examination, namely-sample seal, letter to C.M.O., letter to R.I., photo nash, chalan nash(Ext.Ka 9 - 13). Dead body was duly sealed and handed over to constables Chhotelal and Naresh Kumar for being escorted to mortuary. He had also prepared recovery memo of one shoe and two socks (Ext.14). Thereafter, on the same day, first informant had given a written application, (Ext.Ka-2). He recorded the statement of first informant Ravi Prakash Patel, Rajendra Patel, Mahesh Kumar and Makrand Lal Patel. On 11.5.2005, he recorded the statement of Kanti Devi. On 13.5.2005 he recorded the statement of Purshottam alias Bachai. On 17.5.2005, he recorded the statement of Raj Kumar, Ashok Singh Patel, Vikram Singh Patel and Raj Bahadur Patel.;