Honble K.C. SHARMA, J.–This criminal appeal by appellant Surajbhan arises out of the judgment and order dated 27.9.1999 passed by the learned Judge, Special Court (Communal Riots and Man Singh Murder Case), Jaipur, whereby the learned Judge found the appellant guilty for offence under sections 302/120B, 364, 379 and 201 IPC and accordingly convicted and sentenced him in the manner stated below:

Under Sec. 302/120 B IPC Imprisonment for life and fine of Rs. 10000/-, in default, to further under go simple imprisonment for one year

Under Sec. 364 IPC to undergo 10 years rigorous imprisonment with a fine of Rs. 5000/-, in default thereof, to undergo 6 months simple imprisonment

Under Sec. 379 IPC to undergo 2 years rigorous imprisonment

Under Sec. 201 IPC to under to 3 years rigorous imprisonment with a fine of Rs. 2000/-, in default thereof, to further undergo 3 months simple imprisonment

(2). Succinctly stated the facts of the case are that at 9.45 PM on 27.5.1993 PW 5 Dhokal Ram lodged a written report, Ex.P.4 to the SHO, Police Station, Brahmpuri, Jaipur alleging therein that on 24.5.93 at about 11-12, in the night while his son Hanuman was sleeping, one Jai Singh Gurjar came to his house and called his son. Hearing the call, his younger son Shyam who was awakened got Hanuman awakened. Jai Singh asked Hanuman to accompany him to Daruheda and also assured that they will return by 6 AM. As per the written report, his son Hanuman left the house along with Jai Singh Gurjar in Jeep No. RPH 371. Dhokal Ram also annexed the photographs of Hanuman and Jai Singh with the written report and requested the police to trace out his son Hanuman. On receiving the report, the SHO handed over investigation to PW 19 Hakim Singh, Assistant Sub Inspector with the direction to trace out both the missing persons.

(3). While investigation was being carried out by ASI Hakim Singh, in the meantime, the SHO of Police Station Brahmpuri received a report Ex.P.2 which was submitted to SHO, Police Station Jalupura, Jaipur by PW 3 Dilip Mathur. In the subsequent report Ex.P.2, Dilip Mathur claimed himself to be the owner of Jeep No. RPH 371, which was being kept at Ajmeri Gate Taxi Stand. Jai Singh was driver on that jeep. Dilip Mathur alleged that on 24.5.93 at 11.00 PM two persons came at the Taxi Stand and asked Jai Singh to take them to Daruheda in the taxi of his possession. Jai Singh alongwith aforesaid two persons first went to the house of Hanuman. Having satisfied, Jai Singh and Hanuman took these two passengers in Jeep No. RPH 371 and left for Daruheda at 12.30 in the night. As per the report, Jai Singh had to return by 25.5.93, but both Jai Singh and Hanuman did not return till 27.5.93. Lastly, it was stated in the report that despite all sincere efforts to trace out Jai Singh and Hanuman at various places viz., Daruheda, Rewari, Bhiwadi, Gurgao etc., whereabouts of missing persons could not be known. The SHO, Brahmpuri ordered to tag the report of Dilip Mathur with the report Ex.P.4 lodged by PW 5 Dhokal Ram and directed Hakim Singh ASI to carry out investigation on the report of Dilip Mathur as well.

(4). Having completed inquiry on the report submitted by Dilip Mathur, PW 19 Hakim Singh, ASI submitted the inquiry report, Ex.P. 14, upon which a case No. 130/93 was registered at Police Station Brahmpuri vide FIR Ex.P.15. As per the report, Ex.P.14, the Investigating Officer found that two unknown persons with an intention to gulp the jeep, took away the jeep by deceiving the driver and his companion and for that purpose Jai Singh and Hanuman were abducted. the Investigating Officer concluded that offence punishable under Secs. 420 and 365 IPC was committed.

(5). After registering the case vide FIR, Ex.P.15, the police proceeded with investigation. In the course of investigation, police recorded the statements of witnesses under Sec. 161 Cr.P.C. Police arrested accused Rishi Pal, Krishan Chand and appellant Surajbhan vide arrest memos Ex.P.26, 27 and 28

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