LARA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant has filed this appeal challenging the judgment/order dtd. 5/3/2016 passed by the trial Court, whereby, appellant was convicted and sentenced qua offence punishable under Ss. 302 and 364 of Indian Penal Code, 1860 (hereinafter referred as 'IPC').

(2.) Prosecution case was set in motion on the basis of the report (Exhibit-P-3) lodged by complainant Bhaurulal. On the basis of the report lodged by the complainant, formal FIR No. 411 dtd. 16/7/2010 was registered at Police Station Bari District Dholpur under Sec. 365 IPC.

(3.) As per the FIR, prosecution story, in brief, is that on 15/7/2010 at about 9.00 a.m., Bhagwanswaroop (son of the complainant) had been abducted by Mauhar Singh, Rameshwar and Lara from his house. Accused had come on two motorcycles and had abducted Bhagwanswaroop. The abduction of Bhagwanswaroop was witnessed by his wife Umedi Devi and Shanti Devi. At about 9.30 a.m., complainant had received a phone call from his son that he had been abducted by the miscreants and his life was in danger. At about 10.30 a.m., complainant again received a phone call from his son and was informed that presently, he was in Kasoti Kheda. Phone number of the complainant was 9468681784 and the phone number of Bhagwanswaroop was 9929648953. Complainant had been trying to contact his son thereafter, but had been unable to do so. Son of the complainant was missing.