JUDGMENT :

Pankaj Bhandari, J.

1. Accused/appellant- Meghraj has filed Criminal Appeal No.98/2018, appellant- Sheoji @ Sheoji Lal and Mukesh have filed Criminal Appeal No.99/2018, appellant- Surgyan has filed Criminal Appeal No.239/2018 against the judgment of conviction and order of sentence dated 23.01.2018 passed by Addl. Sessions Judge, Tonk in Sessions Case No.12/2012, whereby appellant-Meghraj has been acquitted for the offence under Section 323, 120-B, 201 of IPC; appellant- Sheoji and Mukesh have been acquitted for the offence under Section 323, 120-B of IPC and appellant- Surgyan has been acquitted for offence under Section 323, 302 r/w 120-B, 201, 120-B of IPC. Accused-appellants have been convicted and sentenced for the offences as mentioned herein under:-

Accused/appellant- Meghraj:-

(i) Section 364 IPC- 7 years simple imprisonment and a fine of Rs.5,000/-, in default of payment of fine, to further undergo two months simple imprisonment.

(ii) Section 302 IPC- Life imprisonment and a fine of Rs.10,000/-, in default of payment of fine, to further undergo three months simple imprisonment.

Accused/appellant- Sheoji and Mukesh:-

(i) Section 364 IPC- 7 years simple imprisonment and a fine of Rs.5,000/-, in default of payment of fine, to further undergo two months simple imprisonment.

(ii) Section 302 IPC- Life imprisonment and a fine of Rs.10,000/-, in default of payment of fine, to further undergo three months simple imprisonment.

(iii) Section 201 IPC- 3 years simple imprisonment and a fine of Rs.3,000/-, in default of payment of fine, to further undergo one month simple imprisonment.

Accused/appellant- Surgyan:-

(i) Section 364 IPC- 7 years simple imprisonment and a fine of Rs.5,000/-, in default of payment of fine, to further undergo two months simple imprisonment.

All the sentences were directed to run concurrently.

2. State has also preferred Criminal Appeal No.186/2022 against the judgment of conviction and order of sentence dated 23.01.2018, whereby accused/respondents- Sheoji, Jagdish, Surgyan, Rameshwar, Suresh, Bhagwansahay, Meghraj, Ramdev, Ramjilal and Mukesh have been acquitted by the Court below.

3. Succinctly stated the facts of the case are that complainant- Ramkalyan (PW-2), who was the Khalasi of truck driven by the deceased- Jagdish Gurjar, filed a written report (Ex.P.1) on 19.08.2011 at Barauni Police Station with regard to abduction of Jagdish Gurjar from Bharthal Dhaba at Nivai Bypass. On the basis of the said report, police registered FIR No.206/2011 (Ex. P.2) for the offences under Sections 365, 323 and 342 of IPC. Police after due investigating, filed charge-sheet against eleven accused for offence under Sections 364, 365, 323, 302, 201 and 120-B of IPC. In investigation, police arrived at the conclusion that the deceased was abducted from Bharthal crossing. He was taken to Khedi village, where he was beaten to death and then to cover up the incident, his body was chopped and body parts were thrown in Chambal river. Some body parts were found by the villagers in banks of Chambal river at Roteda pulia on 22.08.2011.

4. The case was committed to the Court of Addl. Sessions Judge. Charges were framed against the accused-appellants and other co-accused for offences under Sections 364/ 120-B, 302, 302/120-B, 201, 323, 120-B, 365 IPC. Appellants and other coaccused denied the charges and sought trial. As many as 46 witnesses were examined and 154 documents were exhibited on behalf of the prosecution. Explanation of the accused were recorded under Section 313 Cr.P.C. In defence, 11 witnesses were produced and 35 documents were exhibited. Trial Court after hearing the arguments has convicted the accused-appellants as herein above mentioned and has acquitted the other co-accused. Aggrieved by which accused-appellants have filed Criminal Appeal Nos.98/2018, 99/2018 and 239/2018 and State has also filed Criminal Appeal No.186/2022 aggrieved by the order of acquittal of appellants and other co-accused.

5. It is contended