Jain, J. -- 1. The appellants by preferring the appeal under section 374 of the Code of Criminal Procedure [for short “the Code”] assailed the legality and validity of their conviction under section 364A read with section 120B of the IPC and consequent sentences of imprisonment for life and a fine of Rs.500/­ with default clause passed on 18.12.2007 by 20th ASJ (Fast Track Court), Indore in S.T. No.212/2005.

2. Briefly stated the prosecution case as unfolded before the trial Court is that on 16.12.2004 Kailash Baheti (60 years) a businessman of Indore City left his residence for morning walk at 4:30 a.m.. It was stated that normally he returns back at home around 7:00 a.m., but on the date of incident he did not return. Then around 7:30 a.m. his sons Sanjay and Vipin got worried about him and made enquiries. They found that their father's car was parked near Zanjeerwala Chouraha. Both the sons tried their best but they could not gather any positive information about their father. Thereafter Vipin went to Police Station Tukoganj, Indore and lodged the missing report of his father which was registered as Gumshudgi No.29/2004. On the same date, Sanjay received a call on his mob