- (1.) Both the appellants, Kamal Ari and Amal Ari, were found guilty of the offences under Sections 364 / 302 / 201 / 34 of the Indian Penal Code and were convicted accordingly. They were sentenced to suffer imprisonment for life and to pay fine of Rs. 2,000/- each, in default, to suffer imprisonment for a further period of one year each for the offences under Section 302 of the Indian Penal Code. They were also sentenced to suffer rigorous imprisonment for 10 years each and to pay fine of Rs. 1,000/-each, in default, to suffer imprisonment for a further period of six months each. No separate sentence was passed for the offence under Section 201 of the Indian Penal Code.
(2.) Being aggrieved by the said judgment dated 17th March, 2006 and order dated 18th March, 2006, the appellants preferred the instant appeal praying for setting aside of the same. The case was started on the basis of a recorded statement made by one Smt. Krishna Das. She alleged that on 12.5.1998 at about 11.00 P.M. Kamal and his associates forcibly took away her son, Swapan. He was assaulted with fists and blows before being so taken away by Kamal and 3/4 boys within the age group of 25 / 30 years in a big white car, which was waiting in front of Premises No. 17, Dover Road. As she resisted, they pushed her away and in response to her anxious query, they told her to approach the police station in order to know the whereabouts of her son, Swapan. Police authority after completion of investigation submitted charge sheet against the present appellants. They pleaded not guilty to the charges under Section 364 / 34 of Indian Penal Code, Section 302 / 34 of Indian Penal Code and Section 201 / 34 of Indian Penal Code.
(3.) The defence case, as it appears from the trend of cross-examination and the statements made during examination of the accused persons under Section 313 of the Code of Criminal Procedure, is the denial of the prosecution allegations and the plea of innocence. Prosecution in order to establish the guilt of the accused persons examined as many as 26 witnesses. Of them, P.W. 1 and P.W. 2 are official photographers, who took photographs of the concerned premises and the victim, since deceased, respectively. The said photographs had been marked Mat Exhibits, after being duly proved.;