SANWAL RAM CHOUDHARY S/O MANGLA RAM, BY CASTE CHOUDHARY, RESIDENT OF VILLAGE AJEET, TEHSIL SIVANA, DISTRICT BARMER AT PRESENT LODGED AT CENTRAL JAIL, JODHPUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal appeal has been filed under Sec. 374 (1) of Crimial P.C. against the judgment of conviction and sentence dated 5.4.2005 passed by the learned Addl. Sessions Judge (FT), Balotra in Sessions Case No.34/2003 by which the appellant was convicted for offence under Sec. 302, 364, 365 and 201 Penal Code and following sentence was passed against him: <FRM>JUDGEMENT_46_LAWS(RAJ)11_2016.html </FRM> [all the sentences were ordered to run concurrently]

(2.) As per brief facts of the case, the complainant Sabbir Mohd. (PW-4) lodged a written report at Police Station, Samdari on 12.9.2009 at 7.00 pm alleging therein that his nephew Saddam aged about 8 years son of his brother Mishru Khan had gone for private tuition but he did not come back in spite of the fact that the tuition time ended at 04-04.30 PM. As per prosecution case when Saddam and two other students Nema S/o Bhalla and Manju D/o Rughnath were coming together from tuition, the accused appellant Sanwal Ram resident of village Ajeet came there and took all the three the children near the house of Bansi Lal situated at Ajeet Mazzal road and accused appellant confined Saddam somewhere, the said incident was seen by one Devi Singh. According to complainant, the accused appellant Sanwal Ram earlier committed offence of theft in their house and he was caught, therefore, due to said motive, he has kidnapped Saddam.

(3.) Upon aforesaid written complaint (Ex.P/10) FIR no.108/2003 (Ex.P/20) was registered on 12.09.2003 and investigating officer PW-16 Udai Singh commenced investigation, during investigation, after recording statements under Sec. 161 Crimial P.C. of complainant Sabbir Mohd, Devi Singh and Jagdish Singh, the accused appellant was arrested vide Ex.P/12 and upon information (Ex.P/22 and P/23) given by the accused appellant under Sec. 27 of the Evidence Act, the body of the deceased Saddam was recovered vide Ex.P/5 from a well situated in the agricultural field of Joga Ram. After recovery of body,the post mortem of the body was conducted by the medical board on the spot, and as per post mortem report (Ex.P/13) dated 13.9.2013 the board gave its opinion that cause of death of deceased Saddam is strangulation leading to asphyxia and death. After post mortem the dead body was handed over to the father of the deceased in presence of two witnesses, before that, cloths of the deceased were taken in possession vide Ex.P/7. The investigating officer after completing investigation filed charge-sheet in the court of Judicial Magistrate, Siwana from where case was committed to the Sessions Court, Balotra for trial.