Khem Chand Sharma JUDGMENT
Sharma, J.
1. Rajjo @ Rajesh, a boy of eight years, was kidnapped on February 2, 1994 for ransom. On February 9, 1994 his dead body was found lying buried in 'Parikrama' of a temple. All the five appellants were nabbed and tried for the offences under Sections 364, 302/120B and 365 IPC. The learned trial court vide its judgment dated December 21, 1995 convicted and sentenced them as under-
| `1. Ram Swaroop | u/S. 364 IPC | to undergo 10 years Rl and fine of Rs. 500/- in default to further suffer 3 months R.I. |
| 2. Laxman | | |
| 3. Ramjilal | | |
| .4. Devi Singh | u/S. 302/120 B IPC. | to undergo imprisonment for life and fine of Rs. 1000/- in default to further suffer 6 months RI. |
| 5. Om Prakash | u/S. 365 IPC | to undergo 7 years RI and fine of Rs. 500/- in default to further suffer 3 months RI. |
2. The sentences were directed to run concurrently.
3. The prosecution case is woven like this. On Feb. 3, 1994 informant Hetram (PW.4) submitted a written report Ex.P.5 at Police Station Weir with the avernmentsthat his nephew aged 8 years, who had been wearing black half pant, white shirt and blue jersey was missing since 7 p.m. of Feb. 2, 1994. Request was made to the police to search the boy. Again on Feb. 5, 1994 Babulal (PW.6) father of the missing boy Rajjo @ Rajesh filed yet another written report Ex.P.6 at Police Station Weir wherein it was specifically stated that on Feb. 2, 1994 a letter had been found in his newly constructed house. As per the facts mentioned in the letter a search was made but the boy could not be traced. The informant had concluded that his son had been kidnapped for ransom. This time the police registered FIR No. 9/94 for offences punishable under Sections 364 and 365 IPC. On the basis of alleged information supplied by Laxman, and Ramjilal the police on Feb. 9, 1994 at around 3 p.m. recovered dead body of the kidnapped boy Rajjo which was lying buried in the Parikarma of Temple Madan Mohanji Maharaj vide recovery memo Ex.P.9. Autopsy on the deadbody was conducted vide Ex. P.9. Autopsy on the deadbody was conducted vide Ex.P.24 and as per the medical opinion the death was due to strangulation. Ram Swaroop, Devi Lal and Om Prakash were taken into custody and on the basis of information supplied by them Pattri, Tabeej, Kondhani, a pair of shoes Moja and woollen shawl were recovered. Statements of witnesses under Section 161 Cr.P.C. were recovered and on conclusion of investigation charge sheet was filed against the five accused persons. In due course the case came up for trial before the learned Additional Ses........