Hon'ble PATHAK, J.— This criminal appeal under section 374 of the Code of Criminal Procedure has been filed against the judgment and order dated 15th January, 2002 passed by the Additional Sessions Judge (Fast Track) No.2, Jaipur city, Jaipur in Sessions Case No. 94/1998, 1/2001 by which the accused-appellant has been convicted and sentenced for the offence under sections 302 IPC for imprisonment of life and a fine of Rs.1000/-, in default of payment of fine to further undergo three months rigorous imprisonment and under section 201 I.P.C. for three years rigorous imprisonment and a fine of Rs.500/-; in default of payment of fine to further undergo rigorous imprisonment for two months.

2. Briefly stated the facts of the case are that on 8th July, 1997, B.D. Saxena (PW-2) submitted a written report before the S.H.O., Police Station Manak Chowk, Jaipur wherein it was, inter alia, stated that on reading a news item flashed in daily news paper 'Dainik Bhaskar' dated 10.6.1997 and 20.6.1997 in relation to arrest of accused-appellant Dr. Rajesh Panwar along with one constable as he was found involved in preparing forged certificates in relation to motor vehicles and by reading the said news, the complainant could know the reality of the accused.

3. It was also stated that in the end of March, 1991, the accused sent Ex.P9 envelope containing letter Ex.P7 along with Ex.P11 a photograph to his younger son at Bikaner informing him that he got married with his daughter Meenakshi in Arya Samaj. Thereafter, accused visited the house of the complainant on 7th April, 1991 and took his daughter Meenakshi with him. On insisting to hand over the documents in proof of marriage or to get the marriage registered, the accused did not pay any heed to that.

4. In May, 1991 accused gave a marriage party in his house B-45, Shiv Marg, Nehru Nagar, Jaipur which was attended by his younger son P.W.11 Rajendra and his wife along with their children and on that occasion, a dinner set was presented as gift. Subsequently on 14.6.1991, one texla T.V. was also given to the accused at his house.

5. On 23rd May, 1991, the accused along with one friend in drunken state came to the house of the complainant and started knocking the door and when the door was not opened, they made hue and cry as a result of which P.W.7 Ghanshyam a neighbour came there and told the accused and his friend not to create a scene and maintain peace but the accused did not mend his behaviour and ultimately police came from Manak Chowk police station and took the accused and his friend to the police station.

6. It was also stated that on 24th December, 1991, his daughter was got admitted in Janana Hospital, Jaipur where she delivered a male-child on 27.12.1991. In this regard accused intimated on 26.12.1991 to the complainant and thereafter the wife of the complainant P.W.1 Smt.Sarbati Devi took care of Meenakshi, the daughter of the complainant in the hospital.

7. It was also stated that in February and April 1992, the accused along with his daughter came to his house and asked about the savings of his daughter Meenakshi in the FDRs and shares etc. which were of the value of Rs.60,000-65,000. On demand, the same were handed over to the accused. It was also stated that his daughter was having sufficient gold ornaments with her and was also operating various saving accounts in different banks. The accused after September, 1992 neither brought the daughter of the complainant to his house nor she was seen thereafter.

8. It was also stated that on making inquiry from the accused and his family members, they misguided the complainant about the whereabouts of his daughter Meenakshi and did not even allow the complainant's son to enter the house. It was also stated that in connection with the house-warming ceremony which was to take place on 10th June, 1995, his younger son P.W.11 Rajendra visited the house of the accused on 9th June, 1995 for inviting him to attend the function but his son P.W.1