- (1.) UDAI Singh s/o Moti Lal and Kripal Singh s/o Sardar Singh, both Rajput, resident of Guradiya Kalan Ka Kheda, Police Station Pagaria, District Jhalawar, were tried by the court of Additional Sessions Judge (Fast Track), Jhalawar, for abducting Kalu Singh, brother of Ram Singh (P.W.1), and also for committing murder of Kalu Singh and thereafter, for causing disappearance of evidence of murder by throwing the dead body in a pond.
(2.) THE trial court vide impugned judgment dated 21.4.2007 held both the appellants guilty for the offences under Sections 364, 302 and 201 IPC. Having convicted the appellants for the aforesaid offences, the trial court vide a separate order of even date sentenced them as under: - U/s 364 IPC - to undergo five years R.I. and to pay a fine of Rs. 2,000/ -, in default of payment of fine, to further undergo three month imprisonment. U/s 302 IPC - to undergo life imprisonment and to pay a fine of Rs. 2,000/ -, in default of payment of fine, to further undergo three month imprisonment. U/s 201 IPC - to undergo five years imprisonment and to pay a fine of Rs.1,000/ -, in default of payment of fine, to further undergo two month imprisonment.
(3.) AGGRIEVED against their conviction and sentence, the appellants have preferred the present appeal. The criminal proceedings were sent into motion on the basis of written report (Exhibit -P/1), presented by Ram Singh (P.W.1), before Bhanwar Singh (P.W.20), who was then posted as SHO, Police Station Pagaria, District Jhalawar. On the basis of written report (Exhibit -P/1) formal FIR (Exhibit -P/2) was registered for the offences under Sections 364 and 365 IPC. Subsequently, the offence under Section 302 and 201 IPC were also added.;