SANGEET LODHA,J. - (1.) These appeals are directed against the judgment and order dated 29.9.15 of learned Additional Sessions Judge No.2, Hanumangarh in Sessions Case No.2/13, whereby the accused appellants Mohan Lal and Sushil Kumar were convicted for offences under Sections 302 / 34 , 364 , 392 & 201 IPC and sentenced as under:- U/s 302/34 IPC : Life imprisonment with fine Rs.5,000/-, in default of payment of fine, to suffer additional rigorous imprisonment of three months. U/s 364 IPC : 10 years' rigorous imprisonment with fine Rs.3,000/-, in default of payment of fine, to suffer additional rigorous imprisonment of two months . U/s. 392 IPC : 5 years' rigorous imprisonment with fine Rs.2,000/-, in default of payment of fine, to suffer additional rigorous imprisonment of one month. U/s. 201 IPC : 5 years' rigorous imprisonment with fine Rs.2,000/-, in default of payment of fine, to suffer additional rigorous imprisonment of one month. The sentences awarded were directed to run concurrently.
(2.) Precisely, the prosecution story is that on 23.10.12, P.W.4- Gopi Ram lodged a written report (Ex.P/11) at Police Station, Pilibanga, stating that his son in law, who is resident of Ward No.5, Pilibanga drives three wheeler Tempo RJ-13-1976. On 21.10.12 he was standing with the tempo at the Old Bus Stand. Two persons who work in Brick Kiln approached Sonu and told him to bring four goats from Jaitsar. On this, at around 5 P.M. Sonu went alongwith them towards Suratgarh but did not return. On search being made, he could not be traced out and his mobile phone was switched off. On the basis of the written report (Ex.P/11), the police registered the missing report M.P.R. No.07/12. Later, on 2.11.12 around 3.05 P.M., P.W.1-Krishna Lal, the father of Sonu, submitted a written report (Ex.P/1) to the SHO, Police Station, Pilibanga, stating that one month before he had gone alongwith his son Ramesh to Khinvsar in Nagaur District for picking Narma. His son Sonu used to live alongwith his wife in the house of Ramesh Sarwata on rent and used to drive three wheeler RJ-13-PA-1976 of Amilal Bavari. On 21.10.12, around 4 P.M. two persons took Sonu alongwith tempo on fare basis and when he did not return, Sonu's father in law Gopiram had lodged a missing report at Police Station, Pilibanga. The persons who hired Sonu's tempo were seen by the tempo drivers Navin, Tejpal etc. The physic of the persons hiring the tempo was described in the written report (Ex.P/1). It was stated that the mobile phone of Sonu bearing no.8003866459 sounds switched off since 21.10.12. It was stated that Sonu has been abducted by unknown persons with a view to steal three wheelers and goods. He casted doubt that those persons while taking away Sonu somewhere have killed him.
(3.) On the basis of the written report (Ex.P/1), the police registered the FIR (Ex.P/2) for offence under Section 364 / 34 and the investigation commenced.;