MOHAMMAD RAFIQ, J.

1. These appeals seek to challenge judgment and order dated 01.07.2014 passed by the Additional Sessions Judge, Tijara, District Alwar, in Sessions Case No. 50/2012, whereby learned trial court convicted and sentenced accused-appellants Liyakat, Kala @ Kallu @ Shesham and Afsar @ Afsa, as under:-

Accused-appellants	Conviction	Sentence
Liyakat (Appeal No. 868 of 2014)   Kala @ Kallu @ Shesham (Appeal No. 1016 of 2014)   Afsar @ Afsa (Appeal No. 344 of 2016)	Under Section 392 IPC	Each to undergo five years Rigorous Imprisonment with fine of Rs. 1000/- in default of payment of fine, each to further undergo one month’s rigorous imprisonment
	Under Section 302 IPC	Each to undergo Life Imprisonment with fine of Rs. 2000/- in default of payment of fine, each to further undergo two months imprisonment
All the aforenoted sentences were ordered to run concurrently

2. Case of the prosecution is that one Ilyas Khan submitted a written report to the Superintendent of Police, Alwar, on 21.04.2010 alleging that his brother Nasiruddin used to drive his own pickup van bearing registration no. RJ-32-GA-6038, on hire basis. On 20.04.2010 at around 6:00 PM when Nasiruddin was at Tijara stand, five persons hired his pickup van for transporting their she-buffaloes from Ramgarh to Alapur. At that time, he was having mobile phone number 9982123905. When the complainant called Nasiruddin on that mobile phone number, that was found switched off and therefore they kept on searching for him but could not succeed. They went to Police Station, Tijara, in the morning of 21.04.2010 to lodge ‘missing person report’ but the police personnel of that police station did not accept their report. It was further alleged that those five persons hired the pickup van for the purpose of looting and killing Nasiruddin. Those five persons killed his brother Nasiruddin and threw his dead body near the Agricultural Research Centre, Ramgarh and took the pickup van as also the mobile phone with them. The dead body of Nasiruddin has been identified in the hospital. The Superintendent of Police, Alwar, then sent the said report to the Police Station, Tijara.

3. The Station House Officer, Police Station, Tijara, on the basis of the aforesaid written report, lodged regular First Information Report No. 153/2010 on 21.04.2010 at 11:05 PM for offence under Sections 364, 302 and 201 of the Indian Penal Code and commenced investigation. The police, after investigation, filed charge-sheet against four accused, namely, Liyakat (Appeal No. 868/2014), Kala @ Kallu @ Shesham (Appeal No. 1016/2014), Afsar @ Afsa (Appeal No. 344/2016) and one Asu @ Aas Mohammad for offence under Sections 396, 302, 120B of the IPC. Since the case was exclusively triable by the Court of Sessions, it was committed there, wherefrom the trial of the case was made over to the Court of Additional Sessions Judge, Tijara. The charges for those offences were framed against the accused, which they denied and claimed to be tried.

4. During the trial, Umar Mohammad absconded on 30.10.2012 and therefore the trial was conducted against rest of the accused persons. Accused Asu @ Aas Mohammad was proceeded against before the Juvenile Justice Board and thus the trial in the present case proceeded against remaining three accused persons. The prosecution, in support of the case, examined twenty nine witnesses and exhibited forty six documents. The accused neither produced any witness nor exhibited any document. The trial court on conclusion of the trial and after hearing the learned counsel for the parties, convicted and sentenced the accused-appellants in the manner indicated above. Hence these appeals.

5. Mr. Anuroop Singhi, learned counsel for accused-appellant Liyakat, argued that t