R.S. Chauhan, J. - (1.) THREE different appeals have been filed by four different appellants before this court. Manoj Kumar, and Manjeet Kumar @ Billu have filed D.B. Criminal Appeal No. 923/08; Balraj @ Tiloo has filed D.B. Criminal Appeal No. 844/08; Vijay Singh @ Sunder has filed D.B. Criminal Appeal No. 606/10. The four appellants are aggrieved by Judgment dated 26 -7 -2008, passed by the Additional Session Judge (Fast Track) No. 3, Headquarters Khetri, District Jhunjhunu. By the said judgment, the learned Judge has convicted all the accused -appellants for offences under Sections 364/120B, 302/120B, 396 and 201 IPC and sentenced them as under: - "U/s. 364/120B IPC: Life imprisonment, imposed with a fine of Rs. 500/ - and to further undergo two months rigorous imprisonment in default thereof. U/s. 302/120B IPC: Life imprisonment, imposed with a fine of Rs. 500/ - and to further undergo two months rigorous imprisonment in default thereof. U/s. 396 IPC: Life imprisonment, imposed with a fine of Rs. 500/ - and to further undergo two months rigorous imprisonment in default thereof. U/s. 201B IPC: Three years rigorous imprisonment, imposed with a fine of Rs. 300/ - and to further undergo one month's rigorous imprisonment in default thereof. All the sentences were to run concurrently."
(2.) SINCE these three appeals challenge the same judgment, they are being decided by this common Judgment. Briefly the prosecution case is that on 28 -4 -07, Pawan Kumar Sharma (P.W. 1) submitted a written report (Ex. P. 1) before the SHO, Police Station Khetri, wherein he claimed that "I, Pawan Kumar s/o Shri. Radheshyam Sharma, r/o Nanu Wali Bavadi Ki Dhani, Tehsil Khetri, am resident of the said address. My brother, Ashok Kumar Sharma parks his Bolero Jeep, bearing registration No. RJ -18 UA -0871, at Nizampur Moad (Khetri). He takes bookings for the said jeep and runs it as a taxi. On 26 -4 -07, around 5:00 PM, two boys came to my brother, hired his jeep for Lambi Sahad, and left for the said place with him. My brother was supposed to return that night. But neither Ashok has returned, nor has the jeep come back. We have tried to locate him, but we have not been able to discover him. I can recognize the two boys if they were produced before me. I suspect that in order to misappropriate the jeep, these two boys have abducted my brother. I am filing this report so that appropriate action may be taken."
(3.) ON the basis of the said report, a formal FIR (Ex. P. 2), namely FIR No. 122/07, was registered at Police Station Khetri, District Jhunjhunu, for offence under Section 365 IPC. The investigation commenced. During the course of the investigation, the appellants Balraj @ Tillu, Vijay Kumar, Manjeet Kumar @ Biloo, Manoj Kumar, and Surendra Kumar were arrested. Since Surendra Kumar was a juvenile delinquent, he was not put up for trial along with the present appellants. The learned trial court charged the appellants for offences under Sections 364, 364/120B, 302/120B, 396, and 201 IPC. In order to prove its case, the prosecution examined eighteen witnesses, and submitted about sixty -five documents. Although the defense did not examine any witness, it did submit four documents. After going through the evidence, by judgment dated 26 -7 -08, the learned Judge convicted and sentenced the appellants as aforementioned.;