MOHAMMAD RAFIQ,J. - (1.) These appeals are directed against the common judgement dated 30.05.2013 by which the accused-appellants have been convicted and sentenced as under: Pradeep Singh @ Deepu @ Lagariya: U/s.364 IPC-ten years rigorous imprisonment with a fine of Rs. 2,000/-, in default of payment of fine, to further undergo six months additional rigorous imprisonment. U/s.394 IPC-ten years rigorous imprisonment with a fine of Rs. 2,000/-, in default of payment of fine, to further undergo six months additional rigorous imprisonment. U/s.302/34 IPC-life imprisonment with a fine of Rs. 10,000/-. in default of payment of fine, to further undergo one year additional rigorous imprisonment. U/s 201. IPC-three years rigorous imprisonment and a fine of Rs. 500/-, in default of payment of fine to further undergo three months additional rigorous imprisonment. Vijay Kumar and Ajeet Kumar : U/s.364 IPC-ten years rigorous imprisonment to each with a fine of Rs. 2000/- each and in default of payment of fine, to further undergo six months rigorous imprisonment each. U/s.394 IPC-ten years rigorous imprisonment to each with a fine of Rs. 2000 each and in default of payment of fine, to further undergo six months rigorous imprisonment. U/s.302/34 IPC-life imprisonment to each with a fine of Rs. 10,000 each and in default of payment of fine, to further undergo one year rigorous imprisonment each. U/s.201 IPC-three years rigorous imprisonment to each with a fine of Rs. 500 each and in default of payment of fine, to further undergo three months rigorous imprisonment each. All the sentences were ordered to run concurrently.
(2.) The facts of the case are that one Jagdish Prasad Sharma (PW 10) lodged a missing person report with Police Station Muhana, District Jhunjhunu alleging therein that his driver Vijendra S/o Late Shri Jagdish Yadav, R/o Village Jai Singhpura, Aged about 26 years was missing with his vehicle (Scorpio) no.RJ18-UA-1210 since 3.00 pm the previous day i.e. 4.5.2009. On enquiry from the bus stand, it transpired that three persons had hired the vehicle from Buhana to Surajgarh at 3.00 pm on 4.5.2009. Vijendra had two mobile phones having nos.9983852717 and 9829567681. However, on trying to contact him on there numbers, both were found to be switched off. Subsequently, the dead body of Vijendra was found from a well situated in agriculture field of Suresh Jat at Village Kasimpura. Police contacted the relatives of Vijendra. Thereafter his uncle Hari Singh submitted a written report to SHO Buhana alleging that three persons had hired the vehicle, of which Vijendra was driver at 3.00 pm on 4.5.2009 for going to Bisau. On further enquiry, it transpired that initially they approached Sanjay son of Sushma Nurse for hiring the vehicle. When Sanjay told that his vehicle was not available for hire, these persons met Vijendra. At that time, Randheer @ Dheera, driver of Sushma Nurse was standing there. He told that their age was between 25-30 years. One of them was wearing tops in his ears and they belonged to this area only and he could recognise them. Hari Singh has stated that these persons had murdered his nephew in Village Kasimpura, P.S. Bagad and thrown his dead body in the well of Suresh S/o Shri Ram. The owner of the well told that when water of well started giving stinking smell, cattle refused to consume such water. When they saw into the well through glass, a dead body became visible. The dead body was taken out of the well with the help of 15-20 people. Sarpanch of the village was informed, who in turn gave information to the SHO Police Station Bagad. The police on the basis of investigation, filed charge sheet against the accused-appellants for offence under Sections 120B, 364, 394, 302, 201, 467, 468 and 471 IPC. The learned trial court framed charges for offence under Sections 120B, 364, 394, 302, 201, 467, 468 and 471 IPC. The accused denied the charges and claimed to be tried. The accused-appellants in their examination under Section 313 Cr.P.C., 1973 alleged false implication.
(3.) The prosecution examined as many as 19 witnesses and got 75 documents exhibited. The accused-appellants in their defence did not produce any evidence, but exhibited 5 documents. The trial court on conclusion of the trial while acquitting the accused-appellants Ajeet Kumar for offence under section 120B, 467, 468, 471 IPC and Section 3/25 of the Arms Act, accused-appellants Vijay Kumar and Pradeep Singh @ Deepu for offence under section 120B, 467, 468 and 471 IPC and other accused Sanjay Kumar, Sumer Singh and Hanuman Singh for offence under section 364, 394, 302, 201, 120B, 467, 468 and 471 IPC, convicted the accused-appellants in the manner as indicated above. Hence these appeals.;