RAMESHWAR AND ORS. Vs. STATE OF RAJ.

JUDGEMENT

(1.) THE present appeals have been listed under the orders of Hon'ble Apex Court passed on 11th April, 2014 in Special Leave to Appeal (Cri.) No. (s). 4734/2014 as appellants Rameshwar, Dinesh @ Pillu and Mukesh are in custody for a period of more than eight years.

(2.) BY this common judgment D.B. Criminal Appeal No. 158/2010 preferred by Rameshwar and Dinesh @ Pillu, D.B. Criminal Appeal No. 1066/2008 instituted by Mukesh and D.B. Criminal Appeal No. 1100/2008 filed by Munesh Kumar shall be decided together.

(3.) ON 29th July, 2006, between 3 -4 P.M. Tulsi Ram a young boy aged 13 -14 years as per prosecution case was kidnapped. He was recovered by the police from a hut near temple of Narayani Mata on 01st August, 2006 at 5.40 A.M. vide memo Exhibit P/10. As per police, at the time of his arrest, two of the appellants Mukesh and Dinesh were apprehended at the spot. Investigating agency had nominated four appellants namely; Mukesh, Munesh, Rameshwar and Dinesh @ Pillu, as accused. All the four appellants were tried by the Court of Additional Sessions Judge (Fast Track) No. 3, Bharatpur Camp at Bayana Distt. Bharatpur. The said Court on 27th September, 2008 vide impugned judgment had convicted appellants Mukesh Son of Harsahay Meena and Dinesh @ Pillu Son of Ganshiram Meena for offences under Sections 120(B), 365 and 364A IPC. Rameshwar Son of Ganshiram was convicted for offences under Sections 120B and 364A IPC. However, appellant Rameshwar was acquitted for offence under Section 365 IPC. Appellant Munesh Son of Omprakash was only convicted for offence under Section 120B IPC. Vide a separate order of even date, each appellant was sentenced as under: - -