Sudhanshu Dhulia, J.—

1. All these appeals arise out of a judgment and order dated 9.10.2006 passed by the Sessions Judge, Nainital in S.T. No.108 of 2003, State Vs. Pawan Kumar @ Pappu and others, whereby the accused Pawan Kumar @ Pappu, Raj Kumar @ Raju and Nanhe Singh have been convicted under Sections 302/34 IPC and sentenced to undergo rigorous imprisonment for life and fine of Rs.10,000/- and in default, to undergo six months’ simple imprisonment. Each of them was further convicted u/s 201 IPC and sentenced to undergo three years’ R.I. with fine of Rs.5,000/- and in default, to undergo three months’ simple imprisonment.

2. Brief facts of the case are that complainant Sanjay Jaiswal @ Sanju was in Jail having been convicted in a crime under the NDPS Act. He remained in Jail from February 2002 till 28.5.2003. As soon as he was released from jail on 28.5.2003, he reached his house at Haldwani where he found his wife missing. Thereafter, he proceeded to Pilibhit where his mother was residing to enquire about the whereabouts of his wife where he was informed that more than a year back (when the complainant was in jail), his wife had gone to meet Pawan Kumar @ Pappu (elder brother of

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