(1.) RAJJO @ Rajesh, a boy of eight years, was kidnapped on February 2, 1994 for ransom. On February 9, 1994 his dead body was found lying buried in `parikrama' of a temple. All the five appellants were nabbed and tried for the offences under sections 364, 302/120 B and 365 IPC. The learned trial court vide its judgment dated December 21, 1995 convicted and sentenced them as under- 1. Ram Swaroop u/s. 364 IPC to undergo 10 years RI and fine of Rs. 500/- in default to further suffer 3 months R. I. 2. Laxman 3.Ramjilal 4.Devi Singh u/s. 302/120b IPC to undergo imprisonment for life and fine of Rs. 1000/- in default to further suffer 6 months RI. 5.Om Prakash u/s. 365 IPC to undergo 7 years RI and fine of Rs. 500/- in default to further suffer 3 months RI.
(2.) THE sentences were directed to run concurrently.
(3.) WE have now to judge whether the prosecution has been able to establish the above circumstances with reliable evidence or whether there is a scope for contending that the cumulative effect of those circumstances would be insufficient to point to the appellants as the culprit.