(1.) Criminal Appeal No. 1706 of 2006 has been preferred by appellant Raju, which is connected with Criminal Appeal No. 1662 of 2006, preferred by appellant Ram Chandra. The said two appeals are also connected with Reference No. 4 of 2006 sent by the learned Sessions Judge under Sec. 366 of the Code of Criminal Procedure.
(2.) Both the above mentioned appeals have been filed against the Judgment and order dated 8.3.2006 passed by the learned Additional Sessions, Court No. 5 Fatehpur whereby both the appellants have been convicted and sentenced to death under Sec. 364-A/302/34 Penal Code and a fine of Rs. 10,000.00 each under both the aforesaid provision and in default of payment of fine they have to undergo one year's additional imprisonment. The two appellants have further been awarded 7 years' 7 under Sec. 201 Penal Code and a fine of Rs. 5,000.00 each and in default of payment of fine, they are to undergo six months additional imprisonment.
(3.) The brief facts of the case are that a seven year old child Chandan alias Akhilesh Kumar disappeared from his house No. 423 Murain Tola at about 4.00 P.M. on 19.2.1995. When he could not be traced out after search, a Gumshudgi report was lodged by his father Narendra Bahadur Srivastava, P.W. 3 at police station Kotwali Fatehpur on the same day (Ext. Ka 10).
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