These appeals have been filed by the appellants/accused persons

u/S 374 (2) of the Code of Criminal Procedure, 1973, arising out of

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common judgement dated 02.03.2020 passed by the Additional Sessions

Judge (Special Court, Electricity Act), Indore, in S.T. No.178/2018,

whereby the appellants/accused persons have been convicted u/S

364/34, 307/34 and 201/34 of IPC and sentenced each of them to

undergo RI for 10 years with fine of Rs.1,000/-, RI for 10 years with fine

of Rs.1,000/- and RI for 03 years with fine of Rs.1,000/- respectively

with default stipulations.

2.

Facts of the prosecution case in brief are that Mohit (PW/1) has

two sons, injured Mridul (PW/2) is elder and Gurvinder (PW/3) is the

younger. Mridul (PW/2) and Gurvinder (PW/3) used to study and live in

208, Clerk Colony, Indore in a rented room. Their room partner was

Sourabh Sen (PW/5). There was friendship between Anjali and injured

Mridul (PW/2). Rahul Ratnakar (PW/9) is the elder brother of appellant

Akash. Appellant Piyush @ Rohit Pareta is relative and appellant Vijay

is friend of appellant Akash. Gurvinder (PW/3) had gone back to his

house as his exams were over. On 07.01.2018 at around 11 AM, Mridul

told Sourabh Sen (PW/5) that he was going out for breakfast, but he did

not return back. His phone could not be reached. Even after searching for

a while, he could not be found. Then Mohit (PW/1) filed a written

complaint (Ex.P/2) to the SHO Pardeshipura, Indore. On the basis of

written complaint (Ex.P/2), a missing person report was lodged by S.I.

Kamal Kishore on 09.01.2018. During inquiry, ASI P.S. Bariya (PW/12)

checked the CCTV footages of nearby, and recorded statement of Rakesh

@ Monu, Sourabh Sen (PW/5) Anjali and Mohit. It was found that Anjali

and appellant Akash were already friends and Akash was in love with

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Anjali for 03 years and despite of that, Anjali was building friendship

with Mridul. Because of the aforesaid, appellant Akash alongwith Vijay

and Piyush had kidnapped Mridul in a car bearing registration No.MP-

09-CU-5956, which was owned by Rahul Ratnakar (PW/9). Therefore,

ASI P.S. Bariya (PW/12) lodged an FIR (Ex.P/18) against the appellants

on 11.01.2018.

3.

During investigation, SI Kamal Kishore (PW/11) on 12.01.2018,

found injured Mridul (PW/2) in 350 feet deep trench, near left side of

Sati Gate, Pedmi - Udaipur road, in half-dead state. He was taken

forthwith to Index Medical College, Indore for treatment. Dr. Vinod

Kumar Sethi (PW/13) on 12.01.2018 at 10:00 AM examined Mridul

(PW/2). He gave his report (Ex.P/19). On the same day, he was referred

thereafter admitted for further treatment in Bombay Hospital, Indore. He

was admitted there till 05.02.2018.

4.

On 12.01.2018, SI Kamal Kishore (PW/11) prepared spot map

(Ex.P/14) at the instance of Raj Kumar. He seized a lower (Article A-1)

of injured Mridul (PW/2), Aadhar Card of accused Akash (Article A-6),

blood stained soil (Article A-2), plain soil (Article A-3) and blood

stained stone (Article A-4 & A-5), used to inflict injury upon Mridul

(PW/2), from the place of incident vide seizure memo (Ex.P/15). He

pasted seizure slip on Article A-4 and A-5 (Ex.P/16 & 17 respectively).

On 12.01.2018, he arrested the appellants Piyush @ Rohit, Akash and

Vijay and prepared arrest memo (Ex.P/4, P/5 & P/6, respectively).

During custody, he interrogated the appellant Akash and recorded his

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memorandum statements (Ex.P/7) u/S 27 of the Indian Evidence Act,

1872. He seized the aforementioned car and the tape kept inside, at the

instance of appellant Akash vide seizure memo (Ex.P/10). On

13.01.2018, during interrogation, appellant Vijay disclosed that he had

thrown phone of injured Mridul (PW/2) in a sewer, but the phone could

not be found at the place stated, SI Kamal Kishore (PW/11) prepared

search memo (Ex.P/9). On 13.01.2018, SI Kamal Kishore (PW/11)

seized CCTV footage from Hero Vinayak Motors, clerk colony vide

seizure memo (Ex.P/19). On the same day, he also saw CCTV footage of

electronics shop of Deepak Vi