Per Virender Singh, Anant Bijay Singh, JJ.

This appeal has been preferred by the sole appellant Rajesh Choudhary, being aggrieved and dissatisfied by the judgment of conviction and order of sentence dated 22.08.2006 passed in Sessions Trial No. 93 of 2003/137 of 2003 by Sri Rama Shanker Shukla, learned 6th Additional Sessions Judge (F.T.C.), Dhanbad, whereby and whereunder, the learned Additional Sessions Judge held the appellant Rajesh Choudhary guilty for the charges under Section 364, 302 and 201 of the Indian Penal Code and further on the same date has ordered to go R.I for 10 years for the offence under Section 364 I.PC and further imprisonment for life under Section 302 I.PC and fine of Rs. 1,000/and further directed to undergo R.I for 3 years for the offence under Section 201 I.PC and in default of payment of fine further R.I for 3 months and all the sentences were ordered to run concurrently.

2. The case of prosecution as unfolded in the written report given by informant, Suraj Chauhan (P.W.8) addressed to officer-in-charge, Jharia Police Station on 05.10.2002 alleging therein that he is permanent resident of village Ratnuba, P.S. Kutumba, District Aurangabad and at present residing at Victory Colliery, P.S. Jharia, District-Dhanbad and he had three sons namely, Indran Chauhan, Upendra Chauhan (deceased) and Baliram Chauhan.

3. It is alleged that Upendra Chauhan aged about 19 years is not married. He further alleged that Mishri Lal Malah is the inhabitant of the said village and Rajesh Chaudhary-appellant is the son-in-law of Mishri Lal Malah. Rajesh Choudhary had tense relation with the deceased because he had suspicion that Upendra Chauhan(deceased) had illicit relation with his wife for this appellant Rajesh Choudhary threatened Upendra Chauhan(deceased) for dire consequences.

4. He has further alleged that on 05.10.2002 the appellant Rajesh Choudhary came to the house of Mishri Lal Malah at village Victory Colliery and talked with Upendra Chauhan, thereafter Upendra Chauhan and Rajesh Choudhary had gone out of the house and since then they were missing.

5. The informant searched the deceased at the place of his relatives but he could not locate his son.

6. In the meantime, one Ramdeni Chauhan (P.W.1) told the informant that on 05.10.2002, the deceased Upendra Chauhan told him that he was going to village Chinakuri along with Rajesh Choudhary without giving any information to others. Ramdeni Chauhan also told him that since there was tension between Upendra and Rajesh Choudhary (appellant), any mishapping may occur, whereupon the informant and family members started searching Rajesh Choudhary.

7. The said Rajesh Choudhary-appellant was found at his sasural, on query, he did not disclose anything but apprehension was cast that Rajesh Choudhary might have kidnapped the son of informant for the purpose of murder.

8. On this basis of aforesaid allegations, Jharia P.S. Case No. 330 of 2002 dated 10.10.2002 was instituted for the offence under section 364 of the I.P.C and subsequently, Sections 302/201 were added by the order of learned C.J.M dated 13.10.2002.

9. After investigation, police submitted chargesheet and the case was committed to the Court of Sessions vide order dated 01.02.2003 passed by learned Judicial Magistrate and further charge was framed in this case on 13.03.2003.

10. The prosecution in support of its case examined altogether 15 witnesses. P.W.1 is Ramdeni Chouhan, P.W. 2 is Parmeshwar Pandey, P.W.3 is Indal Chouhan, P.W.4 is Satyendra Chouhan, P.W.5 is Balram Chauhan, P.W. 6 is Ramashish Chauhan, P.W.7 is Nagendra Paswan, P.S.8 is Suraj Chauhan (informant), P.W.9 is Dinesh Kumar Shukla (seizure list witness), P.W.10 is Raju Kumar, (inquest report witness) P.W.11 is Saikat Kumar Dutta, Executive Magistrate, in whose presence dead body of Upendra Chauhan-deceased was recovered, P.W.12 is Tanmay Chandra-Photographer, P.W.13 is Lagni Devi mother of the deceased, P.W.14 is Dr. Tapan Kumar Biswas, who had