Banwari Lal Sharma, J. - (1.) The instant criminal appeal was filed by the accused -appellant Rafik @ Satish S/o. Shri Badri against the impugned judgment of conviction and order of sentence dated 04.07.2006 passed by the learned Additional Sessions Judge (Fast Track) No. 1, Alwar in Sessions Case No. 20/2006 (16/06) whereby the accused -appellant was convicted for the offence under Sec. 302 and 201 IPC and sentenced in the following manner: Under Sec. 302 IPC: Life imprisonment with a fine of Rs. 1000/ -, in default thereof to further undergo three months' additional simple imprisonment. Under Sec. 201 IPC: Three years' simple imprisonment with a fine of Rs. 500/ -, in default thereof to further undergo one month's additional simple imprisonment.
(2.) It was also ordered that both the sentences shall run concurrently and the period for which accused -appellant remained in custody during investigation and trial shall be set off from the actual sentence under Sec. 428 Cr.P.C.
(3.) The facts giving rise to this appeal are as follows: - Amarnath (PW -15) submitted a written report (Ex. P/23) on 14.12.2005 at Police Station Kotwali, Alwar wherein it was alleged that complainant's son Brijmohan Sharma took booking of car bearing registration No. RRA -5775 on 12.12.2005 at about 7.00 -7.30 PM of four boys for Narvas. When complainant's son did not return on 13.12.2005, the complainant asked Brijmohan's friend Sagar Sharma about his son who told him that Brijmohan has gone to Narvas after taking booking of four boys, out of them he know one boy namely Rafik @ Satish and he can identify rest of the boys after seeing them. Complainant thought that his son will return in night but on that day, two persons came from Police Control Room and asked him that whether Car bearing registration No. RRA -5775 belongs to him as it has been seized in Bandikui. Thereafter, the complainant went to Bandikui with Mahesh Sharma where he came to know that his Ambassador car was recovered from one Rafik @ Satish who murdered his son and threw the dead body of his son somewhere. It was also stated that Rafik @ Satish has booked the car with intention to commit murder of his son.;