- (1.) This appeal filed under Section 374 Cr.P.C. is directed against the judgement and order dated 1.8.2006 passed by Sri S.D. Paliwal, Special Judge (D.A.A.) Etawah in Special S.T. No. 01 of 2005 (State Vs. Jajment Singh and others) convicting the appellants under Section 364-A of the I.P.C. and sentencing them with life imprisonment in addition to fine of Rs. 10,000/- each and in default of payment of fine one year rigorous imprisonment has been ordered.
(2.) Heard Sri V.K. Agnihotri and Sri S.V. Singh, learned counsels for the appellants and learned A.G.A. for the State and gone through the record.
(3.) Briefly stated facts of the case are that Sarjan Singh informed police on 20.10.2004 that his cousin Sanjeet Kumar and Raj Kishore brother-in-law of his cousin brother were missing as they had gone to Agra for taking medicines but they did not come back. A missing report was lodged with the police station Jaswant Nagar, Etawah. On 27.10.2004 Sarjan Singh gave a detailed information to the effect that Sanjeet Kumar and Raj Kishore had gone to Agra on 19.10.2004 but did not return. On 26.10.2004 Anuj Kumar resident of Rukanpura P.S. Jaswantnagar approached him with a polythene bag which contained purse of Raj Kishore, some prescriptions, bills of medicines, photo of Raj Kishore and some other papers. Anuj Kumar informed that these things have been provided by Ram Adhar who found bag in his field of Bazra. Thereafter informant and other persons went to Kursaina and discussed the matter with Ram Adhar, who showed him the field from where the polythene bag was recovered. In the field damaged photo of Sanjeet Kumar was also found. Report of abduction was made against unknown persons and on the basis of report case was registered at Case Crime No. 201 of 2004 under Section 364-A IPC. On 4.11.2004 police recovered Sanjeet Kumar and Raj Kishore from the house of Jajment Singh, but were referred for medical examination by the police allegedly on 3.11.2004, as is apparent from majrubi chitthi. In the medical examination made on 4.11.2004 doctor found no visible injury on the part of the body. Complaint of pain was noticed in both arm and lower extremities of Raj Kishore. Pain over back of chest and gluteal region was noticed by doctor while examining Sanjeet Kumar.;