Kanwaljit Singh Ahluwalia, J. - (1.) Ramavtar present appellant alongwith co -accused Kamlesh s/o. Ramjilal was tried by the Court of Additional Sessions Judge (Fast Track) No. 2, Jaipur City, Jaipur for having kidnapped on 29.10.2007 Sunil, aged 9 years, from lawful guardianship of his parents and for further having demanded Rs. 5 Lacs as ransom and for committing murder of Sunil so kidnapped and thereafter having caused disappearance of the dead body. The trial court acquitted co -accused Kamlesh s/o. Ramjilal, but convicted appellant Ramavtar for offences under Ss. 363, 201, 364A and 302 IPC. The trial court having convicted the appellant vide judgment dated 3.11.2008, sentenced him vide a separate order of even date as under: - "U/s. 363 IPC: Seven years rigorous imprisonment, to pay a fine of Rs. 2000/ - and in default thereof to undergo two months simple imprisonment. U/s. 201 IPC: Seven years rigorous imprisonment, to pay a fine of Rs. 2000/ - and in default thereof to undergo two months simple imprisonment. U/s. 364A IPC: Life imprisonment, to pay a fine of Rs. 5000/ - and in default thereof to undergo five months simple imprisonment. U/s. 302 IPC: Life imprisonment, to pay a fine of Rs. 10,000/ - and in default thereof to undergo five months simple imprisonment."
(2.) All the sentences were to run concurrently.
(3.) Prosecution to secure conviction of the appellant has proved following incriminating circumstances against the accused: - (a). Prosecution examined Narayan (P.W. 3) and Suresh (P.W. 11) to prove that due to financial difficulties appellant had motive to commit crime and demand ransom. (b). Prosecution examined three witnesses namely Satish Gupta (P.W. 1), Jeetendra (P.W. 6) and Suresh (P.W. 11) to prove that the deceased child aged nine years, was last seen with the accused. (c). Prosecution also proved extra -judicial confession made by the appellant before Radha Kishan (P.W. 5). (d). Recovery of dead body at the behest of accused in pursuance of the disclosure statement (Ex. P. 36). (e). Recovery of blood stained clothes of the accused.;