Hon'ble Pratyush Kumar, J.

The above two criminal appeals have been preferred by the appellants assailing the correctness of the judgment and orders dated 30.08.2006 passed by the Additional District and Sessions Judge, Court No.10, Ghaziabad, in Sessions Trial No.1068 of 2001, State vs. Azad and others, arising out of Case Crime No.333 of 2001, under sections 302, 364, 201 IPC, P.S. Murad Nagar, District Ghaziabad, whereby all the accused appellants have been convicted under sections 364/34, 302/34 and 201/34 IPC and sentenced to undergo rigorous imprisonment for 10 years alongwith fine of Rs.2,000/- under sections 364/34 IPC; rigorous imprisonment for life under section 302/34 IPC alongwith fine of Rs.10,000/- and rigorous imprisonment for 3 years under section 201/34 IPC alongwith fine of Rs.1000/- and in default of payment of fine additional imprisonment for 3 months, 6 months and one month respectively.

On 19.9.2001 at 4.30 p.m. Yamin son of Bande Khan gave a written report (Ex. Ka-1) written by Rais Ahmad son of Washir Ahamd to the police Station Murad Nagar, District Ghaziabad stating that on 17.09.2001 at about 3.00 p.m. his son Dilshad @ Billu aged about 11 years went missing. His daughter Shabnam informed him that his neighbour Azad @ Ajju son of Ishaq had taken Dilshad alongwith him. The informant searched for him and also made inquiry when he came to know that Ajju alongwith his acquaintance Shabbu @ Shabuddin son of Riyaz and Shahanwaz son of Yunus Ansari residents of Mohalla Kotla, District, Meeurt had allured and enticed away his son and had taken him to their elder brother Shahjad and brother-in-law Wakil, residents of Kotla, District Meerut. The complainant further mentioned that despite all efforts the accused persons did not return his son. He apprehended that some untoward incident might not have taken place with his son, his report might be registered and his son be traced.

On this complaint Check FIR was prepared and registered as Case Crime No.333 of 2001 (Ex. Ka-11) by Head Moharrir Jogendra Singh (PW-7) and corresponding entries were made in the General Diary. Two of the named accused Azad @ Ajju and Shabbu alias Shabuddin were arrested and on their pointing out the Investigating Officer recovered the dead-body of Dilshad on 20.09.2001 and a Fard was prepared (Ex. Ka-8). Inquest report was also prepared on the same day (Ex. Ka-2) and the dead-body was sent for post-mortem alogwith relevant police papers. The post-mortem-examination was conducted on the same day i.e. 20.09.2001 at 4.45 p.m. by Dr. K.N. Tiwari, Surgeon at the District Hospital, Meerut (PW-8). The following antemortem injuries were noted in the post-mortem-report-

1. Incised wound 15 cm x 22 cm x bone deep on the right side of face, right ear was found missing, right eye was damaged, bones of face are appearing and the temporal bone of the right side of head was found fractured.

2. Incised wound on the right wrist, there in the wound deep right hand was found missing.

In the internal examination, bleeding was found on the head, the dead body was in decayed condition, dead body and stomach was swallowed, foul smell was coming from the dead body and insecticide were present there, cause of death was due to shock and haemorrhage as a result of ante mortem injuries. Body was three days old.

The Investigating Officer after completing the investigation submitted the charge sheet (Ex. Ka-10) on 5.10.2001. Before the concerned Magistrate plea was taken regarding juvenility of Shabbu @ Shabuddin. His matter was referred to the Juvenile Justice Board, Agra constituted under Juvenile Justice (Care and Protection of Children) Act, 2000 where he was declared juvenile and as such his trial was reported and sent for inquiry by the Juvenile Justice Board. With regard to other two accused i.e. Azad alias Ajju and Shahanwaz the trial Judge framed the charges on 20.04.2002 and read them out to the accused, which they denied and claimed to be tried.

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