- (1.) Assailing the judgment dated 8.10.2004 passed by learned Additional Sessions Judge, Pratapgarh in Sessions Case No.21/2004, these five appeals are preferred. By the judgment impugned, learned Additional Sessions Judge recorded conviction and awarded sentence to the accused appellants as under:- Accused Giriraj - u/S.302 IPC Life imprisonment with a fine of Rs.1000/- and in default of payment of fine further to undergo six months simple imprisonment. u/S.365 IPC Five years rigorous imprisonment with a fine of Rs.500/- and in default of payment of fine further to undergo three months simple imprisonment. u/S.201 IPC Five years rigorous imprisonment with a fine of Rs.500/- and in default of payment of fine further to undergo three months simple imprisonment. u/S.3/25 Arms Act Three years rigorous imprisonment with a fine of Rs.500/- and in default of payment of fine further to undergo three months simple imprisonment. Accused Raju @ Rajendra - u/S.302/34 IPC Life imprisonment with a fine of Rs.1000/- and in default of payment of fine further to undergo six months simple imprisonment. u/S.365 IPC Five years rigorous imprisonment with a fine of Rs.500/- and in default of payment of fine further to undergo three months simple imprisonment. u/S.201 IPC Five years rigorous imprisonment with a fine of Rs.500/- and in default of payment of fine further to undergo three months simple imprisonment. Accused Shyam Menaria - u/S.302/34 IPC Life imprisonment with a fine of Rs.1000/- and in default of payment of fine further to undergo six months simple imprisonment. u/S.365 IPC Five years rigorous imprisonment with a fine of Rs.500/- and in default of payment of fine further to undergo three months simple imprisonment. u/S.201 IPC Five years rigorous imprisonment with a fine of Rs.500/- and in default of payment of fine further to undergo three months simple imprisonment. u/S.3/25 Arms Act Three years rigorous imprisonment with a fine of Rs.500/- and in default of payment of fine further to undergo three months simple imprisonment. Accused Bhagirath - u/S.201 IPC Five years rigorous imprisonment with a fine of Rs.500/- and in default of payment of fine further to undergo three months simple imprisonment. Accused Suresh Kumar - u/S.3/25 Arms Act Three years rigorous imprisonment with a fine of Rs.500/- and in default of payment of fine further to undergo three months simple imprisonment. Accused Anil Jain - u/S.3/25 Arms Act Three years rigorous imprisonment with a fine of Rs.500/- and in default of payment of fine further to undergo three months simple imprisonment.
(2.) The background facts of the case are as follows:- On basis of a written report (Ex.P/42) dated 20.4.2003 at the instance of Shri Mukesh (PW-26), a missing report was lodged at Police Station Arnod about missing of his son Shri Mohit since 10:00 PM on 19.4.2003. The missing person as per the details given in the written report (Ex.P/42) was wearing maroon colour trouser, lemon and white colour T-Shirt and black chappals. An apprehension of the involvement of Giriraj and Shyam Menaria in missing of Mohit was also disclosed.
(3.) On 22.4.2003 at 06:30 AM, another detailed written report (Ex.P/43) was given by Shri Mukesh at Police Station Arnod with assertion that his son Mohit aged about 20 years went to shop as usual on 19.4.2003 but did not return to home uptil 09:30 PM. While making search, it came into knowledge that at about 8-8:30 PM Mohit was chatting with Shyam Menaria in front of the hotel of Shyam Panda. It also came into knowledge through Shri Pratap Singh Andewala that Shyam Menaria came to his place in evening at about 04:00 PM. On 19.4.2003 at 09:30 PM, Suresh Chandra and Amritlal Soni saw Mohit in company of Shyam Menaria, Giriraj and Bhagirath Gurjar. Complainant Mukesh with one Shri Sanjay Shah then went to the house of Giriraj, a friend of Shyam Menaria at about 02:00 AM in the intervening night of 19.4.2003 and 20.4.2003 to have inquiry, but the house was bolted from inside and no response was given on calling. In next morning i.e. on 20.4.2003 at about 08:00 AM, Mukesh went to the residence of Shyam Menaria at Avleshwar, where Giriraj met him and advised not to vendor here and there. He also stated that Mohit would be at home in the next evening.;