BABLOO SHARMA Vs. STATE

JUDGEMENT

(1.) The appellants Babloo Sharma and Dinesh, challenge their conviction and sentence recorded by the Additional Sessions Judge, through judgment and order dated 23.03.2011 in S.C. No. 44/2009, for the offences punishable under Sections 120-B/201/364/302 IPC. They also challenge the order on sentence dated 25.03.2011 whereby they were sentenced to undergo rigorous imprisonment for life and also other prison terms, besides a direction to pay various amounts as fines.

(2.) The prosecution had alleged that the appellants and Bajrangi had taken away Rajan on 24.05.2002 at about 10.00 AM, promising to show him a movie. Rajan did not return; consequently his father intimated the police. The complaint was recorded as D.D. 12A (Ex.PW-35/C-11), on 25.05.2002. In this complaint, it was alleged that Babloo, Dinesh and Bajrangi had taken Rajan. Apparently, nothing was heard for the next few days. Thereafter, on 26.05.2002, the deceased's dead body was recovered at Loni; it was seen by PW-5, a property dealer, who had his office at Village Behta, Hajipur, Loni Border. On 27.05.2002, Rajan's brother, Gajender learnt about the recovery of the body. He went to the mortuary at Ghaziabad and identified the body as Rajan's. The prosecution case was that the accused were arrested in the end of July. After conclusion of investigation, they were charged with committing the offences. They pleaded not guilty and claimed trial.

(3.) During the trial, the prosecution relied on the testimonies of 39 witnesses and also several exhibits, including the documents produced, such as the CFSL report, the Postmortem Report, Seizure Memos etc. After considering all these materials, the Trial Court concluded that the appellants were guilty for the offences they were charged with and sentenced them in the manner prescribed previously.