Govind Mathuur, J. - (1.) These three appeals question legality of the judgment dated 10.1.2008 rendered by learned Additional Sessions Judge (Fast Track) No. 2, jodhpur in Sessions Case No. 3/2006. The conviction recorded and sentence awarded to the accused appellants under the judgment impugned is as follows: Accused Heminta under Section 302/120-B I.P.C. - Life imprisonment with a fine of Rs. 1000/- and in default of payment of fine further to undergo three months imprisonment. Under Section 143 I.P.C. - three months simple imprisonment. Under Section 201 I.P.C. - three years rigorous imprisonment with a fine of Rs. 500/- and in default of payment of fine further to undergo one month's imprisonment. Accused Narpat under Section 302/120-B I.P.C. - Life imprisonment with a fine of Rs. 1000/- and in default of payment of fine further to undergo three months imprisonment. Under Section 143 I.P.C. - three months simple imprisonment. Under Section 201 I.P.C. - three years rigorous imprisonment with a fine of Rs. 500/- and in default of payment of fine further to undergo one month's imprisonment. Accused Bhanwar Singh under Section 302/120-B I.P.C. - Life imprisonment with a fine of Rs. 1000/- and in default of payment of fine further to undergo three months imprisonment. Under Section 143 I.P.C. - three months simple imprisonment. Under Section 201 I.P.C. - three years rigorous imprisonment with a fine of Rs. 500/- and in default of payment of fine further Jo undergo one month's imprisonment.
(2.) The facts, deserve notice to get these appeals adjudicated, are that on 23.1.2006 at 12.40 PM a report about missing of Shri Suresh Sharma, Advocate, was lodged at Police Station Mahamandir at the instance of Shri Navneet Sharma (PW-15). As per the report missing person, father of the complainant, was having certain disputes with M/s. Vijay Punia and Gokalram pertaining to the lands situated within the revenue limits of village Nandri. On 21.1.2006, a telephonic call made by some property dealer was attended by mother of the complainant. Shri Suresh Sharma in response conveyed through phone about his proposed visit to the site on next coming day. On 22.1.2006 at 6.00 PM the missing person left the home to visit the agriculture fields situated at village Banad, but he neither returned nor left any information. While sitting at the shop of Ratanlal situated at Rasala Road, Shri Dhanna Ram saw Shri Suresh Sharma going towards Banad. The complainant apprehended some ill-happening including abduction with his father.
(3.) When the process of lodging first information report was in continuity, a message about recovery of a dead body on road in between villages Jajiwal Gehlotan and Jajiwal Bhatiyan was received at Police Station Mahamandir at about 12.50 PM. The complainant, thus, rushed to the spot aforesaid and found dead body of his father lying there. Certain police personnel's of Police Station Dangiawas were already present at that spot. The hands of the body were tightened behind and an effort to erase identity was apparent by hamerring face. The neck was inflammated with red marks and shoe of one foot was missing.;