Hon'ble AHLUWALIA, J.—By this common judgment, we shall decide both D.B. Criminal Appeal No.1742/2007 preferred by Manmohan, accused-appellant, and D.B. Criminal Appeal No.1861/2007 instituted by Netram, accused-appellant.

2. Both the appellants have been convicted by the court of Additional Sessions Judge (Fast Track) No.2, Jaipur City vide judgment dated 28.9.2007 for offences punishable under Sections 302/34, 364/34, 394/34 and 201/34 IPC. Having convicted the appellants for above offences, vide a separate order of even date, the appellants were sentenced as under:-

U/S.302/34 IPC - life imprisonment and pay a fine of Rs.20000/- each in default thereof, to undergo simple imprisonment for one year.

U/s.364/34 IPC – 10 years rigorous imprisonment and pay a fine of Rs.10,000/- each in default thereof, to undergo simple imprisonment for six months.

U/s.394/34 IPC – 10 years rigorous imprisonment and pay a fine of Rs.10,000/- each in default thereof, to undergo simple imprisonment for six months.

U/s.201/34 IPC - 5 years simple imprisonment and pay a fine of Rs.1000/- each in default thereof, to undergo simple imprisonment for two months.

3. After prosecution evidence was recorded, Hemraj, co-accused of the appellants, deserted the trial and was declared proclaimed offender. Subsequently, he was apprehended and vide a separate judgment dated 1.5.2009 he was also convicted for offence under Sections 302/34, 364/34, 394/34 and 201/34 IPC and vide separate order dated 2.5.2009, he was sentenced as under:-

U/S.302/34 IPC - life imprisonment and pay a fine of Rs.20000/- each in default thereof, to undergo simple imprisonment for one year.

U/s.364/34 IPC – 10 years rigorous imprisonment and pay a fine of Rs.10,000/- each in default thereof, to undergo simple imprisonment for six months.

U/s.394/34 IPC – 10 years rigorous imprisonment and pay a fine of Rs.10,000/- each in default thereof, to undergo simple imprisonment for six months.

U/s.201/34 IPC - 5 years simple imprisonment and pay a fine of Rs.1000/- each in default thereof, to undergo simple imprisonment for two months.

4. The prosecution evidence qua all the three appellants is same and only defence evidence is different so far accused Hemraj is concerned. He examined one witness in his defence, hence, we will decide his appeal by delivering a separate judgment.

5. Smt. Indira Devi (P.W.7), wife of the deceased, Krishna Murari Sharma, submitted a written report (Ex.P.17) on 29.5.2005 before Ram Singh (P.W.41), In-charge, Police Station Shipra Path, Jaipur. The written report when translated into English, reads as under:-

To,

The SHO,

Police Station Shipra Path,

Jaipur City, South, Jaipur.

Sub.: Regarding kidnapping of husband.

Sir,

In respect of above subject, it is submitted that my husband Krishna Murari Sharma, presently resident of House No.35, Dadu Dayal Colony, New Sanganer Road, on 17.5.2005 after taking booking from Vashistha Travel Agency, Vijay Path Crossing, had taken Taxi No.RJ-14-T-8314 (Tavera) for Sikandara. He was having mobile No.9414405702. Till today, I have not received any information regarding his whereabouts. We have searched for him at all places. But till today, no clue has been found. We have a suspicion that he has been kidnapped by somebody. I am making report. Necessary action be taken.

5. On the basis of above said written report, formal FIR (Ex.P.63) was registered at Police Station Shipra Path, Jaipur for offence under Section 365 IPC.

6. On 23.5.2005 at about 9.30 A.M. dead body of unidentified person was recovered from the well of Mool Singh Rajpoot in the revenue estate of Village Nadoti falling within the territorial jurisdiction of Police Station Nadoti, District Karauli. The dead body had decomposed in water. Both hands were swollen. The skin had peeled off. Regarding recovery of dead body, memo (Ex.P.1) was prepared by the SHO, P.S. Nadoti at the place of recovery on 23.5.2005 at 9.30 A.M. in presence of two witnesses, namely Rohitash (P.W.1) and Dha