Rajiv Sharma, J. - (1.)THIS appeal is directed against the judgment dated 7.8.2009 passed by the leaned Sessions Judge, Hamirpur in Sessions Trial No. 19 of 2008 whereby the appellants -accused, who were charged with and tried for offences punishable under section 364A, 302, 201 and 212 read with section 34 of the Indian Penal Code have been convicted and sentenced as under:
Accused Kanahiya has been declared proclaimed offender.

(2.)CASE of the prosecution, in a nutshell, is that PW -2 Duni Chand lodged FIR Ex. PW -2/A on 17.4.2008 at Police Station, Nadaun to the effect that he was resident of village Jasal, Tehsil Nadaun. He has retired as Central head Teacher from Education Department. He has three sons, namely, Yashwant Singh, Kuldip Singh and Pradeep Kumar. All of them were married. Yashwant Singh had two sons, namely, Munish Kumar alias Mintu (deceased) and Ashish Kumar. Munish Kumar was student of 10th standard in Government Senior Secondary School, Kashmir, Tehsil Nadaun. On 17.4.2008, Munish Kumar alias Mintu had left for the school at 7.15 A.M. He did not come back by 4.00 P.M. Duni Chand and his family members started searching the deceased. They inquired from the school. They came to know that Munish Kumar has not attended the school on that day. PW -6 Bahadur Singh son of Diwan Chand of the same village told PW -2 Duni Chand that Ranjit Singh, Biru and Kanahiya Ram, residents of Bareilly (Uttar Pradesh) had been working with him as agriculture labourers alongwith their families. Kanahiya Ram has left a few days beck alongwith his family to his native place. However, accused have left for their native place in the morning of 17.4.2008. Bahadur Singh had also told PW -2 Duni Chand that at about 4.30 P.M. on 17.4.2008 Biru and Ranjit Singh telephoned him from mobile telephone No. 98174 -57647 on mobile telephone No. 98174 -05363. They were inquiring the telephone number of Duni Chand from him. Duni Chand became suspicious and he asked his son Pradeep Kumar to ring up the accused. Pradeep Kumar telephoned the accused from his mobile telephone No. 98173 -58098 on mobile telephone No. 98174 -57647 at 8.10 P.M. On 17.4.2008, accused Biru told Pradeep Kumar that they were present in Anand Vihar, Delhi and that Munish Kumar was with them. He should come with ' twenty two lakhs as ransom money by 12 O' clock next day, otherwise they would kill Munish Kumar. Pradeep Kumar again had a talk with the accused, who told him that they require minimum ' five lakhs as ransom money and then disconnected the phone. During investigation, police started searching for Munish Kumar on 18.4.2008. ASI Jasbir Singh accompanied the Deputy Superintendent of Police, Hamirpur, District Headquarters, in search of accused and Munish Kumar towards Delhi, Uttar Pradesh. They went in that direction because according to the statements of Kuldip Singh and Bahadur Singh, accused had been calling the family members of Munish Kumar from Uttar Pradesh. The search continued till 5.00 P.M. on 18.4.2008. Thereafter, accused switched off their mobile telephone No. 98174 -57647. Police went to Brijghat and searched for the accused and Munish Kumar. However, nobody was available. Police party went to village Sikanderpur, to which accused belonged. They were searched with their relatives also. On 18.4.2008, search party at village Jasal noticed something covered with a tarpaulin of gunny bags and it was further covered with stones and grass. When search party removed the grass, then shoes were noticed. Thereafter, tarpaulin was removed and it was found that dead body of Munish Kumar alias Mintu was concealed under the bushes. Dead body was taken into possession. It was photographed. It was noticed that mouth of Munish Kumar was gagged with a red coloured piece of cloth. Inquest forms Ex. PW -1/B and Ex. PW -1/C were prepared and post mortem examination on the body of Munish Kumar alias Mintu was conducted by Dr. K.S. Dogra, Dr. P.K. Sharma and Dr. D.P. Swami vide report Ex. PW -1/D. According to the post -mortem report, boy died of asphyxia due to suffocation caused with the compression (blockage) of mouth and nose (smothering) by application of cloth piece. Site plan was prepared. Tarpaulin Ex. P -17 was taken into possession vide memo Ex. PW -3/A. Accused were arrested from village Bouhan, Tehsil and District Hoshiarpur. They were working in the farm of Sadhu Ram Saini, former Sarpanch.
Prosecution examined as many as 33 witnesses in all to prove its case against the accused. Statements of accused were also recorded under section 313 of the Code of Criminal Procedure. They have denied the case of prosecution. They claimed themselves to be innocent. According to them, they have been falsely implicated in this case. Learned Sessions Judge, Hamirpur convicted and sentenced the accused, as noticed hereinabove.

(3.)MR . N.K. Thakur, learned Senior Advocate has vehemently argued that the prosecution has failed to prove its case against accused.