SURAJ Vs. STATE

JUDGEMENT

(1.) The above mentioned three appeals are directed against a common judgment dated 22-9-82 passed by the Sessions Judge, Sawai Madhopur (Camp Gangapur City) whereby the accused-appellants Pappu, Rameshwar Singh and Mahaveer Singh have been found guilty for the offence under Sec. 364 Penal Code and each of them has been sentenced to 7 years' rigorous imprisonment and a fine of Rs. 1,000.00. Accused-appellant Suraj son of Narain has been found guilty for the offence u/ss 364 and 302, Penal Code and he has been sentenced to imprisonment for life and a fine of Rs. 3,000.00, or in default of payment of fine to further undergo one year's i R. I. u/s 302, IPC, and to 7 years R.I. and a fine of Rs. 1,000.00, or in default of payment of fine to further undergo 6 months R.I. u/s 364, IPC. Accused-appellant Suraj has also been found guilty u/s 365, Penal Code and has been sentenced to 3 years R.I. and a fine of Rs. 1,000.00 or in default of payment of fine to further undergo 6 months R.I. All the above sentences have been ordered to run consecutively.

(2.) Because a common question of law and fact is involved in all the three appeals, therefore they are being disposed of by a common judgment.

(3.) Briefly stated, the facts of the case are that on the basis of a report lodged by Kalyan Prasad on 18-12-78 at P. S. Mandawar a case under Sec. 365, Penal Code was registered. It was alleged in the report that on 18-12-78 the son of the informant Krishna was missing from 1 PM. It has further been mentioned in this report that at the time of missing of Krishna he was wearing a blue half pant, white bush-shirt and sky-blue sweater, and he was 8 years old. In this report the informant has given full features of his son. After registering the case, the police started usual investigation and during the investigation the dead body of Krishna was recovered from a well at the instance of accused Suraj. The police also recovered the bush-shirt, chappal, half burnt sweater of Krishna at the instance of accused Suraj. During the course of investigation, ransom letters received by the informant were also handed over to the police through Ramniwas Specimen handwriting of accused Suraj was also taken in the court and the same was sent to the hand writing expert for comparison with the questioned hand-writing on ransom letters. The hand writing expert after scientific examination was of the opinion that the disputed and the specimen hand-writings were of one and the same person. Evidence was also collected by the police to the effect that the accused Suraj was seen with the son of the informant at different places. During the course of investigation it was also revealed that the accused-appellants were going through the market of Mandawar and three of the accused were going in the market first and behind them was the kidnapped boy Krishna. Behind Krishna accused-Rameshwar Singh was going. In the identification parade the accused appellants were identified by the prosecution witnesses. Test identification of the articles recovered was also conducted by the Tehsildar, Mahawa, and the articles were identified by the prosecution witnesses. The case was investigated into by the local police as also by the C. I. D. During the course of investigation seven persons were arrested in connection with this case. However, the police made one of the co-accused Prahlad as an approver. After following the usual procedure co-accused Prahlad was allowed to become an approver and his statement was recorded by the Judicial Magistrate. After completion of the investigation, a challan was filed in the court of Munsif & Judicial Magistrate, Hindon, who committed the accused for dial to the court of Session. The case was tried by the learned Sessions Judge, Sawai Madhopur (Camp Ganganagar City) who framed charges of the offence under sections 366, 364, 368, 386, 302 and O-B. ? Penal Code against the accused persons. The accused-appellants and the other co-accused denied the charges levelled against them and claimed to be tried. The prosecution examined as many as 33 witnesses and tendered 175 documents in evidence. Prahlad who was made as an approver was also examined by the trial Court and he did not support the prosecution story. Then the statements of the accused u/s 313, Cr. P. C. were recorded and they denied all the allegations leveled against them by the prosecution witnesses. The accused persons did not produce any evidence in defence. After hearing arguments of the learned counsel for the parties, the accused-appellants were found guilty for the offence as aforesaid and two of the co-accused were acquitted by the learned Sessions Judge.