AFGHAN SHA ALIKHAN Vs. STATE OF AP

JUDGEMENT

(1.) This Criminal Appeal is filed under Section 374(2) of Criminal Procedure Code, 1973 (for short 'Cr.P.C') by the Accused Nos.1 and 2 in Sessions Case No.226 of 2012 on the file of the Principal Sessions Judge, Kadapa, dated 01.05.2014, where under the accused were found guilty for the offences punishable under Sections 302, 201, 363 and 392 of the Indian Penal Code, 1860 (for short 'IPC') and convicted under Section 235(2) of Cr.P.C and sentenced to undergo imprisonment for life and pay a fine of Rs.500/- each for the offence punishable under Section 302 of IPC, in default of payment of fine amount, A1 and A2 shall suffer simple imprisonment for a period of one year each, sentenced to undergo rigorous imprisonment for a period of two years each and pay fine of Rs.500/- each for the offence punishable under Section 201 of IPC, in default of payment of fine amount, A1 and A2 shall suffer simple imprisonment for a period of six months each, sentenced to undergo rigorous imprisonment for a period of one year each and pay fine of Rs.500/- each for the offence punishable under Section 363 of IPC, in default of payment of fine amount, A1 and A2 shall suffer simple imprisonment for a period of three months and further sentenced to undergo rigorous imprisonment for a period of two years each and pay fine of Rs.500/- each for the offence punishable under Section 392 of IPC, in default of payment of fine amount, A1 and A2 shall suffer simple imprisonment for a period of six months each by ordering all the sentences shall run concurrently. Both the accused assailed the conviction and sentence passed in Sessions Case No.226 of 2012 on the file of the Principal Sessions Judge, Kadapa, dated 01.05.2014 on various grounds.

(2.) The facts of the case in nutshell are that, Syed Nadeem Basha (herein after referred as 'the deceased boy'), aged about 5 years, was studying LKG in Huda English Medium High School located at Rahamthullah street, Kadapa District. On 09.12.2011, as usual the deceased boy went to school and during interval at about 2.00 p.m., he came to the house for taking water and after taking water, he went back to school. After school hours at about 4.30 p.m., he did not return home. Then the parents of the deceased boy went to school, enquired school teacher (P.W.2) and she informed that the deceased boy went to the house during interval for taking water and did not return to the school. Then they searched for the deceased boy and as they could not trace the boy, they went to police station and presented a written complaint in Kadapa I town police station.

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