Sandeep Mehta, J. - (1.) These three appeals arise out of the judgment dated 20.09.2013 passed by learned Addl. Sessions Judge No.3, Bhilwara in Sessions Case No.42/2012 whereby the accused appellants Vasudev and Lalpat were convicted and sentenced as below whereas, the accused Anil Kumar was acquitted of the charges. The accused-appellants Vasudev and Lalpat have preferred the appeals (No. 813/2013 and 924/2013) to assail their conviction and sentences awarded to them whereas the State of Rajasthan has filed the appeal (No.174/2014) for assailing the acquittal of the accused Anil Kumar. JUDGEMENT_81_LAWS(RAJ)2_2020_1.html (All the substantive sentences were ordered to run concurrently.)
(2.) At the outset, we may note here that the original file of the State Appeal was not traceable and hence, the same was reconstituted. As the three appeals arise out of the same case, the same have been heard and are being decided together by this common judgment.
(3.) Brief facts relevant and essential for decision of these appeals are noted hereinbelow:- The complainant Vedprakash Sharma (PW.11) submitted a written report (Ex.P/16) to the SHO PS Pratap Nagar, Bhilwara at the mortuary, Mahatma Gandhi Hospital, Bhilwara on 26.04.2011 at 8:30 pm alleging inter alia that he, alongwith his family was residing at House No.C-7/8, Bapu Nagar, Bhilwara. On 23.04.2011, he returned from the factory at about 3 O' clock. He and his wife went to the market for purchasing certain items. Their son Rahul, aged 12 years, studying in VII standard in Vidhya Bhawan School, Bapu Nagar, Bhilwara was playing outside their house. When he and his wife returned from the market, they did not find him on which, they became worried and made a search, however, the child was not traceable anywhere. On 24.04.2011, in the morning, a Missing Person Report (Ex.P/15) was lodged at the Police Station Pratap Nagar. On 26.04.2011, in the morning, he received a call on his mobile No.94612 70908 from a mobile No.78916 37344. The caller threatened him that if he wanted his son Rahul alive, he should collect a sum of Rs.1,00,000/-, board a train from Ajmer to Agra and he would find his child at the Agra Railway Station platform. The complainant received an information regarding foul smell coming out from the house of Kanhaiyalal located behind his house on which, he and his wife went there and saw the dead body of their son Rahul lying there in an attic. The accused Vasudev Dhakad, who resided in the house was unheard of since 24.04.2011. The complainant further alleged in the report that the accused Vasudev Dhakad, Anil Kumar Sharma and Lalpat Dhakad had an old enmity with him so that they had kidnapped and killed his son Rahul after demanding a sum of Rs.1,00,000/- as ransom.;