(1.) Heard Sri Lokesh Kumar Mishra, learned counsel for the appellants as well as Mr.Nagendra Bahadur Singh, learned Additional Government Advocate for the State.
(2.) The appellants have assailed the judgment and order dated 02.03.2006, passed by the Additional Sessions Judge, Fast Track Court, Meerut, in Session Trial Nos.630 of 2002, 558 of 2002, 559 of 2002 and 560 of 2002, whereby the trial court had convicted the appellants for commission of offence punishable under Section 364 I.P.C. and sentenced to imprisonment for life with fine of Rs.3000/- each, in default to undergo further imprisonment for six months, under Section 307 read with Section 34 I.P.C. and sentenced to four years rigorous imprisonment with fine of Rs.2000/-, in default to under go additional imprisonment for three months. The appellant Vijay Pal was convicted under Sections 25 Arms Act and sentenced to one year rigorous imprisonment with fine of Rs.500/- in default to undergo additional imprisonment for one month and appellant Raju Pandey was convicted under Sections 25 (1B), Arms Act and sentenced to one year rigorous imprisonment with fine of Rs.500/- in default to undergo additional imprisonment for one year. All sentences were directed to run concurrently.
(3.) Briefly the case, as set up by the prosecution, was that one Rakesh Kumar son of Shri Shohan Lal, resident of Ishwar Puri near Shiv Temple, Police Station Delhi Gate, Meerut, had lodged the First Information Report at Police Station Dehli Gate, Meerut, stating therein that on 28.12.2001, his servant Vijay Pal and one another boy, who was named as Raju Pandey were allowed by him to stay his house, since his servant Vijay Pal, who had left the job and again had agreed to work under him. On 12:00 hours in the morning his servant Vijay Pal and his colleague Raju Pandey had carried his son Rahul aged about two years pretending to entertain him, but they had not turned up. He suspected for some untoward incident to be happened.