MANOJ KUMAR GARG,J. - (1.) The instant Cr. appeal has been filed by the State of Rajasthan against the judgment dated 9.9.1993 passed by the learned Addl. Sessions Judge, Nagaur camp Deedwana in Sessions Case No. 9/1992 whereby the learned trial court acquitted the respondent Parmeshwar Singh @ Bhawaria from the charges levelled against him under Section 302, 397 and 364 IPC and convicted the respondent for the offences under Sections 404 and 414 IPC and passed the sentence for two year alongwith fine of Rs. 4,000/- for offence under Section 404 IPC and two years alongwith fine of Rs. 4,000/- for offence under Section 414 IPC and in default of payment of fine to further undergo one and half month SI. Further, it is ordered that both the sentences run concurrently.
(2.) As per facts of the case, a written complaint was filed by complainant Bhanwaroo Khan (P.W.7) at Police Station Deedwana on 10.7.1991 in which an allegation was made by him that his 11 years son Ranjeet Khan has been kidnapped by unknown person alongwith female horse and vehicle Tanga. Upon aforesaid complaint, FIR No. 65/91 (Ex.P/6) was registered at Police Station Deedwana for offence under Section 365, 379 and 342 IPC. After investigation, the charge-sheet was filed against the respondent on the basis of circumstantial evidence of last seen under Section 302, 397 and 364 IPC in the court of Munsif and Judicial Magistrate, Nagaur from where case was committed to the court of Addl. District & Sessions Judge, Nagaur Camp Court Deedwana.
(3.) The learned trial court after providing an opportunity of hearing framed charge against the respondent under Section 302, 364 and 397 IPC and commenced trial.;