( 1 ) BY these two Criminal Appeals filed under Section 374 (2) of the Code of Criminal Procedure ( the Code for short), the appellant of both these appeals ( the accused for short) have challenged the judgment and order dated 25. 5. 2004 rendered in Sessions Case No. 57 of 1999 by the learned Additional Sessions Judge (2nd Fast Track Court), Surat, by which both the accused have been convicted for the offences under Sections 302, 364, 394, 397, 398 and 201 read with Section 34 of the Indian Penal Code ( ipc for short) and each of them has been sentenced to the following terms:

S. No Term of sentence Section 1. Imprisonment for life and fine of Rs. 5,000/- i. d. , RI for one year 302/34 2. R. I. for five years and fine of RS. 2,000/- i. d. , RI for three months 364/34 3. R. I. for ten years and fine of Rs. 2,000/- i. d. , RI for three months 394,397,398/34

4. R. I. for three years and fine of RS. 1,000/- i. d. RI for one year It is also ordered that all the above sentences shall run concurrently.

201/34

( 2 ) THE prosecution version, as unfolded during the trial, is as follows:

2. 1. On 3. 6. 1998, Noormohamad Pir Mohamad Shaikh has lodged one missing entry being "janva Jog" Missing Register No. 19/1998 with Mahidharpura Police Station that his son viz. , Mohmed Riyaz who was running taxi bearing registration No. GJ-5-U-9969 had gone to the Taxi Stand, Opposite Surat Railway Station on 1. 6. 1998 at about 8. 00 A. M. , and at about 11. 00 A. M. , said Mohmed Riyaz had gone to Vadodara with passengers and was supposed to return on 2. 6. 1998 at about 9. 00 A. M. but somehow said Mohmed Riyaz had not returned till 3. 6. 1998.

2. 2. It is further case of the prosecution that one R. B. Patil, P. S. I. State Highway Branch from Fajalpur to Karjan, Highway Mobile No. 1 was on his duty on 4. 6. 1998 and while patrolling when he was passing through the sim of Baman village, he found some street dogs barking near the Modern Petrofils Company and smelt some foul smell and, therefore, he stopped the jeep and went to the said place where he found a decayed dead body of a male person lying in the bushes. It is further case of the prosecution that the said PSI RB Patil has informed at the nearest Police Station i. e. , Karjan Police Station about the incident and thereafter the police officers from Karjan Police Station arrived at the said place and carried out the required proceedings and thereafter one A. R. Choudhary, Sr. PSI Karjan Police Station, lodged an FIR being CR No. I-159/1998 for the offences punishable under Sections 302 and 201 IPC. During the course of investigation it was found that the said dead body was of Mohmed Riyaz and, therefore, the muddamal articles and papers have been transferred to Mahidharpura Police Station, Surat.

2. 3. It is further case of the prosecution that prior thereto another FIR has been lodged by one Mohmed Firoz Noormohamad Shaikh with the Mahidharpura Police Station, Surat City being CR No. I-234 of 1998 on 3. 6. 1998 for the offences punishable under Sections 364, 394, 34 IPC and 25 (1) (a) of the Arms Act. It is alleged in the said FIR that the younger brother of the complainant viz. , Mohmed Riyaz i. e, the deceased was running taxi bearing registration No. GJ-5-U-9969 and used to go to Taxi Stand, near Surat Railway Station at 8. 00 A. M. , and return at 9. 00 P. M. It is alleged that, as usual, on 1. 6. 1998 he went to the said taxi stand, near Surat Railway Station and on the next day i. e. , 2. 6. 1998, the complainant had inquired about the deceased to one Ghulam Mohamad Shaikh who is also a taxi driver, residing in the same vicinity and the complainant was informed that the deceased went to Kribhco and then to Vadodara with passengers but till 12. 00 noon of 3. 6. 1998 he did not return to his home and, therefore, father of the deceased has lodged a missing entry. It is also alleged that on 3. 6. 1998 the complainant has received an information at 3. 30 P. M. from the