RAMDAYAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The aforesaid appeals have been filed by the accused-appellant. First appeal being D.B. Criminal Appeal No. 66/ 2000 has been filed through the counsel and the second appeal being D.B. Criminal Jail Appeal No. 1009/2003 was sent by post from the jail by the accused appellant. Since both these appeals are by the same accused and against the same judgment, therefore, they are being decided by this common judgment.

(2.) The accused-appellant has preferred these appeals against the impugned judgment dated 8-9-2000 passed by the Sessions Judge, Tonk in Sessions Case No. 87/1997 convicting and sentencing the appellant to imprisonment for life for offence under Section 302, IPC along with fine of Rs. 500/- and in default of payment to further undergo ten days imprisonment. The accused appellant was further convicted and sentenced for offence under Sections 201 and 364, IPC for five years rigorous imprisonment along with fine of Rs. 500/- and in default of payment of fine to further undergo ten days imprisonment. All the sentences were ordered to run concurrently.

(3.) The brief facts giving rise to these appeals are that on 2-8-1997 a minor boy Kalu S/o Girraj went missing and a report Exhibit P-1 to this effect was lodged by P.W. 1 Girraj Prasad at Police Station Niwai, District Tonk. In the said report, it was stated by P.W. 1 Girraj Prasad, father of the missing boy, that at around 5-30 p.m. on 2-8-1997 his boy aged about 4 years has been missing and he requested that boy be traced out. In the report the description of the boy and the cloths which he was wearing was also given. It was also stated that his name is Kalu and he is wearing a white shirt and a black "Kachchha". This endorsement has been made by the police on said written report Exhibit P-1 lodged by P.W. 1 Girraj Prasad.