Mohammad Rafiq, J. - (1.) These two appeals on behalf of accused-appellant Vijay Kumar, one through counsel and another by post through Superintendent, Central Jail, Jodhpur, have been filed assailing judgment and order dated 02.04.2007 passed by the Additional District and Sessions Judge (Fast Track), Khetri, whereby the trial court convicted him for offence under Sections 302/34, 364 and 201 of the Indian Penal Code, and sentenced him to suffer life imprisonment with fine of Rs.200/- for offence under Section 302/34 IPC; to suffer ten years rigorous imprisonment with fine of Rs.1000/-, in default of payment of fine, to further undergo three months rigorous imprisonment for offence under Section 364 IPC; to suffer seven years rigorous imprisonment with fine of Rs.1000/-, in default of payment of fine, to further undergo three months simple imprisonment for offence under Section 201 IPC. All the sentences were ordered to run concurrently.
(2.) Briefly stated, the facts of the case are that on 07.07.2002 a written report (Exhibit P-9) was submitted by complainant Smt. Pista Devi (PW-3) W/o late Mr. Subhash, by caste Ahir, Resident of Puhania, District Jhunjhunu, to the Station House Officer, Singhana, at her house situated at Puhania, stating therein that in the morning of 17.06.2002 at about 10.00 AM, her daughter Mintu went out of the house to buy watermelon and, on the way, she found Virendra S/o Jeeta Ram and Mintu S/o Sher Singh. They misbehaved with her daughter and teased her. Her daughter objected thereto but they did not stop and followed her up to the house. At that time, her husband Ummed Slot Ishwar Singh R/o Kushalpura, who is son-in-law of complainant, was also present at the house. Her daughter narrated the incident to the complainant and her son-in-law. The complainant and her son-in-law asked them not to do so. Thereupon, those two boys misbehaved with them also and threatened to kill Manoj, son of complainant, and her son-in-law, within ten days. Her son-in-law was frightened. He made telephonic call to his father, who accompanied by 5- 7 persons, came to-village Puhania in a jeep and took daughter and son-in-law Ummed to their village Kushalpura. It was toll alleged that on 02.07.2002 at around 8-9 PM, her son Manoj had gone to attend the wedding ceremony of daughter of Phoolaram S/o Madura® Kumhar. In the evening of that verv lay at about 8-9 PM, Ranglal S/O Sardararam saw Manoj S/o complainant. last time with Virendra S/o Jeetaram sitting on a tractor near school and thereafter his whereabouts could not H known. She made enquiry from her relatives and also from resident of adjoining villages but Manoj still could not be traced. It is further alleged that Vikram S/o Banwari Lal, who was engaged in the business of fodder cutting, while coming back to the village on 07.07.2002, noticed bad smell from a well in village Sanwlod and informed villagers thereabout. On receiving this information, Jagdish, Vishwabhar, Lalaram, Ishwar, Dalip, Ramswaroop, Jogendra etc. went to the well and found dead body of Manoj lying therein. Telephonic information was given at Police Station Singhana. The informant stated that she had doubt that Virendra S/o Jeeta Ram and Mintu S/o Sher Singh, who threatened her of dire consequences, have committed murder of her son Manoj.
(3.) On receipt of aforesaid written report, a regular first information report, being F.I.R. No.202/2002, was chalked out for offence under Sections 302 and 201 of the Indian Penal Code. During the course of investigation, Virendra and Vijay Kumar were arrested. Proceedings against accused Virendra, who was juvenile, were initiated before the Juvenile Justice Board, Jhunjhunu, and charge-sheet was filed against present accused-appellant Vijay Kumar before the court of Judicial Magistrate, 1st Class, Khetri. Since the matter was triable by the court of sessions, it was made over to the court of Additional Sessions Judge, Khetri, District Jhunjhunu.;