MOHAMMAD RAFIQ,J. - (1.) This appeal under section 374 of the Code of Criminal Procedure, 1973 has been preferred by accused-appellants Neeraj Suman and Sonu Sharma alias Krishan Murari, against the judgment and order dated 29.09.2015 passed by the Additional Sessions Judge No.5, Kota, in Sessions Case No.05/2011, by which the accused-appellants have been convicted for offence under Section 302 read with Section 34 of the Indian Penal Code and sentenced to life imprisonment with fine of Rs. 10,000/-; in default of payment of fine, each of them was to further undergo one month's simple imprisonment.
(2.) Fact of the case are that one Pathik Arora (PW-15) lodged a missing person report (Exhibit P-36) with the Police Station Vigyan Nagar, Kota, on 20.11.2009 alleging therein that his father Om Prakash Arora left the house on 19.11.2009 at about 1:00 PM in the afternoon for the factory situated in the Industrial Area and since then he has not returned back home. His cellphone number was 9269525085. When his father did not return back till morning of the following day, the informant went to the Mess run by his father, situated at 10-Ka-12, Parijat Colony, Mahaveer Nagar. Neeraj Suman (accused), their servant working in that Mess, who was present there, told that informant's father was in the Mess till 9:00 PM in the night and left the Mess after halting there for sometime. The informant thereafter went to Sarita Industries situated in the Industrial Area, which belonged to Pannalal Ji Meena, as his father operated a stone mart from the open land adjacent to that Industry for export purpose. The 'Chowkidar' of Sarita Industries told him that informant's father accompanied by two boys had come to the factory in the night between 12:30 AM to 1:00 AM on 19.11.2009 and stayed there for about two to five minutes and thereafter left. The 'Chowkidar' also told the informant that informant's father came on his own Hero Honda CD 100 motorcycle bearing registration number RNV 7364. The informant further stated in the report that his father did not reach the home till filing thereof.
(3.) While the police was making enquiry into the missing person report lodged by Pathik Arora, the informant on his own also made extensive search and during that process, he came across certain circumstances which raised finger of doubt towards the accused-appellants. Based on the inputs which he received subsequently, Pathik Arora submitted another written report to the police on 21.11.2009 at about 12:35 PM alleging that his father had gone to their stone mart situated adjacent to Sarita Industries on 19.11.2009. When his father did not turn up till 8:00 PM, the informant made call on his cellphone. Thereupon, his father asked that he would return within ten minutes but when he did not come till morning of the following day, he went to their Mess in Parijat Colony. Neeraj Suman, who was servant in their Mess, informed that his father came to the Mess in the night at around 9:00 PM day before yesterday and left within ten to fifteen minutes. When he went to factory, Shyoji Rebari, the 'Chowkidar', informed that his father left the factory around 5:00 PM two days ago. But in the night between 12:00 Hrs. and 1:00 AM, he again came to the factory with two boys on motorcycle but left within two to five minutes. The ''Chowkidar'' further stated that he could recognize those two boys. The informant further alleged that his father had given certain money on loan to Neeraj Suman and that raised a doubt in his mind and that is why the informant, accompanied by Nitin Meena and Monu Mewara, took Shyoji, the 'Chowkidar' of the factory, to identify to show the man of Mess. Neeraj Suman and Sonu Sharma, a resident of his village, were present there and on seeing them, Shyoji, the 'Chowkidar', told the informant that these two boys had brought Shyamji in the factory. Thereafter the informant enquired from Mahaveer Meghwal, an employee working in the Mess, about the father of the informant, who told the informant that he came in the Mess in the night of day before yesterday at about 9:00 PM and stayed there for an hour and thereafter Neeraj Suman and Sonu Sharma took him on his own motorcycle at about 10:00 PM and left for a certain place. The informant expressed a doubt in the written report that Neeraj Suman and Sonu Sharma, in order to avoid repayment of borrowed money, might have abducted his father with the intention to kill him. The cellphone of his father was switched off and his motorcycle was also missing. The police on the basis of the aforesaid written report, registered a regular First Information Report No.741/2009 for offence under Section 364/34 IPC. On completion of investigation, the police filed charge-sheet against the accused-appellants for offence under Sections 364, 302 read with 34 IPC and Section 4/25 of the Arms Act. The matter being exclusively triable by the Court of Sessions, was committed to that court, where from it was made over to the court of Additional Sessions Judge No.5, Kota, for trial. Charges against the accused-appellants for offence under Sections 364 and 302 or 302/34 IPC were framed, who denied the same and claimed to be tried. The prosecution, in support of its case, produced 16 witnesses and exhibited 56 documents. The defence though did not produce any witness but exhibited 4 documents. Learned trial court, on completion of trial, convicted and sentenced the accused-appellants vide impugned judgment and order in the manner indicated above. Hence this appeal.;