Goverdhan Bardhar, J. - (1.) This criminal appeal has been filed under section 374 Cr.P.C. against the judgment and order of conviction dated 30.03.2011 passed by the Additional Sessions Judge (Fast Track) No.2, Jaipur City, Jaipur in Sessions Case No. 67/2009, whereby the accused appellant was convicted and sentenced for the offences under Sections 302,363,365 and 201 IPC as under: Under section 302 IPC Life imprisonment and a fine of Rs. 5000/-, in default of payment of fine, to further undergo six months simple imprisonment. Under Section 363 IPC Five years simple imprisonment and a fine of Rs. 2000/-, in default of payment of fine, to further undergo one month simple imprisonment. Under Section 365 IPC Five Years simple imprisonment and a fine of Rs. 2000/-, in default of payment of fine, to further undergo one month simple imprisonment. Under section 201 IPC Five years simple imprisonment and a fine of Rs. 2000/-, in default of fine, to further undergo one month simple imprisonment.
(2.) Brief facts of the case are that a written report (Ex. P/8) was submitted by Ajay Kumar Agarwal resident of 3- Laxmi Nagar, Niwaru Road, Jhotwara to the SHO, Police Station Jhotwara, interalia alleging therein that on 22.05.2009, his son-Nanu, aged about 3 years was missing since 6 PM. He was wearing orange and red colour clothes. The police, on that basis, registered a missing person report No. 18/2009 and entrusted the investigation to Pooran Singh,Sub-Inspector of Police Station Jhotwara. As the missing child could not be traced out, the complainant Ajay Kumar Agarwal again submitted a written report on 23.05.2009 stating that his missing child has not been found despite all efforts and it appears that he might have been kidnapped by someone. Upon receiving the above written report, an FIR No. 246/2009 was registered for offence under Section 363 IPC. During investigation, at around 12:10 p.m. a telephonic call was received from one Shyam Lal who informed that a body of a child aged 2-3 years was lying in a house under construction in the RIICO industrial area, Salasar Vatika. On this information, investigating officer reached at the spot and informed the complainant about the dead body, which was identified by complainant Ajay Kumar Agarwal as body of his son Nanu @ Nitin. After identification of body offence of murder was added against unknown person. Post mortem of dead body was conducted by a medical board on 23.05.2009. During investigation, the statements of complainant Ajay Kumar Agarwal (PW26), Jagdish Prasad (PW3), Sita Devi (PW2), Sunil Kumar Sharma(PW1), Shyam Lal (PW13), Gyan Chand Soni(PW9), Brisjkishore (PW8) and Gopal Lal (PW30) were recorded. On 23/5/2009 at 8.05 PM appellant Mahendra @ Mali was arrested from his house. After completion of investigation, charge sheet was submitted against the accused appellant for offence under Sections 302, 365, 366 and 201 IPC. The trial court after hearing learned counsel for the parties framed charges under section 302,363,365 and 201 IPC against the accused appellant. He denied the charges and claimed trial. Prosecution in support of its case examined as many as 34 witnesses and exhibited 48 documents and in defence, the accused appellant examined 3 witnesses and exhibited 6 documents.
(3.) Learned trial court, after consideration of the entire evidence and the submissions of the learned counsel for the parties convicted and sentenced the accused appellant as stated above.;