Pritinker Diwaker, J. - (1.) As these three appeals arise out of a common judgment dated 15.12.2008 and order dated 16.12.2018 passed by Additional Sessions Judge, Court No.5, Aligarh, in Sessions Trial No. 625 of 2002 (State vs. Omveer Singh and others) and Sessions Trial No.625A of 2002 (State vs. Suresh) convicting all the accused appellants under Section 364-A and 368 of IPC, except accused Smt. Ramwati @ Roopwati, who has been convicted only under Section 364-A of IPC and sentencing them to undergo imprisonment for life, with a fine of Rs.5,000/- each, for each offence, in default thereof, three months additional jail sentence, with a direction that all the sentences to run concurrently, they are being disposed of by this common judgment.
(2.) As per prosecution case, victim Jeetu S/o Kalyan Singh (PW-2), aged about 3 1/2 years went missing since 1.00 pm on 23.3.2002. A missing report Ex.Ka.1 was lodged on 25.3.2002 at 9.10 pm by Triveni Devi (DW-1), mother of the victim. On the basis of the written report dated 26.3.2002 lodged by Kalyan Singh (PW-2), FIR, Ex.Ka-2 was registered at 7:30 am under Section 364-A of IPC against accused Omveer Thakur, showing him to be a suspect. Further case of prosecution is that accused Omveer was residing as a tenant of informant Kalyan Singh. After lodging the report, accused Omveer was arrested on 26.3.2002 at 2.00 pm from his house. He was interrogated and based on his statement, from flour mill of accused Soran Singh, at 5.30 pm, victim was recovered on 26.3.2002 itself and at that time, victim was sleeping in between the cot of accused Sheodan and Suresh. The victim was identified as Jeetu by his elder brother Santosh (PW-3). After investigation charge sheet was filed against Omveer, Sheodan, Soran Singh, Smt. Ramwati @ Roopwati and Suresh.
(3.) While framing charge, trial Judge has framed charge against all the accused persons under Sections 364-A and 368 of IPC, except accused Smt. Ramwati @ Roopwati, against whom charge was framed only under Section 364A of IPC.;