VYAS,J. - (1.) -Both these appeals have been filed by the respective appellant Bablu @ Om Prakash and Bhinya Ram, in which, common judgment dated 22.7.2003 rendered by Addl. Sessions Judge (Fast Track), Nagaur in Sessions Case No. 36/2003 is under challenge, whereby, the learned trial Judge has convicted the accused-appellants for offences under Sections 302, 364, 379/34 and 201, IPC and sentenced each of the appellants as under: 1. Convicted appellant under Section 302, IPC and sentenced to life imprisonment and fine of Rs. 25,000/-, in default of payment of fine, to further undergo 2 years simple imprisonment 2.Convicted appellant under Section 364, IPC and sentenced to life imprisonment and fine of Rs. 25,000/-, in default of payment of fine to further undergo 2 years simple imprisonment. 3. Convicted appellant under Section 379/34, IPC and sentenced to 3 years' rigorous imprisonment and fine of Rs. 1,000/-, in default of payment of fine, to further undergo 1 month's simple imprisonment. 4. Convicted appellant under Section 201, IPC and sentenced to 7 years' R.I. and fine of Rs. 2,000/-, in default of payment of fine, to further undergo 2 month's imprisonment. As per the prosecution case, an FIR was filed on 30.5.2002, at about 9.15 A.M., by complainant Wali Mohammed before the Police Station Khatu Bari (District Nagpur),inwhich, it was stated that his son Shamsuddin is plying his own jeep bearing No. RJ 21 T/202 and24.5.2002, in the morning, he went to Khatu Bari bus-stand but did not return back home till 25.5.2002, therefore, he made a report of missing. Thereafter, written complaint was filed on 30.5.2002 by the complainant Wali Mohammed, PW.2 that whereabouts of his son is not found though he has made search in nearby villages and, today, it has come to his knowledge that 3-4 unknown persons with intention to commit theft of his jeep kidnapped his son
(2.) Upon the aforesaid written complaint filed by complainant Wali Mohammed, PW.2 (father of the deceased), after registering case for offences under Section 365 and 379, IPC, the investigation commenced. Later on, offence under Section 302, IPC was added when the dead-body of Sharnsuddin was found in the well of one Pancha Ram S/o Pema Ram vide Ex.P/8 dated 4.6.2002. Dead body of deceased Sharnsuddin was not recovered at the instance of the accused-appellant.
(3.) In the investigation, the accused-appellants were arrested on the basis of evidence of last seen vide arrest memo Ex. P/II and Ex/ p/15 and, thereafter, as per information given under Section 27 of the Evidence Act by accused-appellant Bablu, Ex. P/38, a purse was recovered at his instance vide Ex. P/22. Likewise, upon information given by accused-appellant Bablu, Ex.- P/41 under Section 27 of the Evidence, Act, shoes (JUTIYA) were recovered at the instance of accused Bablu vide Ex. P/25. After arrest of accused-appellant Bhinya Ram, he gave information Ex. P/42 under Section 27 Evidence Act With regard to number-plate of the jeep and vide Ex. P/27 and number plate was recovered. Similarly, accused Bhinya Ram gave information Ex. P/39 in connection with recovery of driving licence of deceased Sharnsuddin and vide recovery memo Ex. P/20 driving licence was recovered. Likewise, he gave information with regard to the place where seat-covers of the vehicle in question were burnt and site plan/inspection memo Ex. P/24 was prepared. After completion of the investigation, challan was filed by the investigating officer in the Court of Chief Judl. Magistrate, Nagaur, from where, the case was committed to the Court of Sessions at Merta and, in turn, transferred to the Court of Addl. Sessions Judge (Fast Track), Nagaur for trial.;