PAWAN KUMAR SHARMA Vs. MANOJ KUMAR

JUDGEMENT

(1.) The present criminal appeals arise out of the judgment and order dtd. 30/1/2015 passed by the High Court of Judicature for Rajasthan at Jaipur Bench, in D.B. Criminal Appeal Nos. 923/2008, 844/2008, and 606/2010. By the impugned judgment and order, the High Court allowed the appeals of the respondents/accused persons and set aside the order of conviction and sentence passed by the Trial Court against respondents/accused persons namely, Manoj Kumar, Manjeet Kumar @ Billu, Balraj @ Tiloo, and Vijay Singh @ Sunder under Ss. 364 r/w 120B, 302 r/w 120 B, 396 and 201 of the Indian Penal Code, 1860 [hereinafter referred to as "IPC "].

(2.) For the sake of brevity and for maintaining continuity, the parties are referred to as per their nomenclature before the Trial Court.

(3.) The factual matrix of the case is that on 28/4/2007, the complainant, Pawan Kumar Sharma (P.W.1), submitted a written report before the Police Station Khetri stating that on 26/4/2007, around 5:00 PM, two boys came to his shop and hired a Bolero Jeep, operated as a taxi by his brother Ashok Kumar Sharma [hereinafter referred to as "deceased "], to go towards Lambi Road. The deceased was supposed to return on the same night, however both the deceased as well as the vehicle went missing.