[Criminal Appeal No. 26 of 2008]. [Criminal Appeal No. 27 of 2008]. These appeals are directed against the final judgment and order dated02.03.2006 passed by the High Court of Judicature for Rajasthan at Jodhpurin D.B. Criminal Appeal No. 154 of 2002, whereby the High Court dismissed the appeal filed by the appellants herein and confirmed the order dated31.01.2002 passed by the Additional Sessions Judge, Barmer, Rajasthan in Sessions Case No. 28 of 1998 by which the appellants herein were convicted for the offence punishable under Sections 302, 364 and 120-B of the Indian Penal Code (in short "IPC") and sentenced them to undergo imprisonment for life under Section 302 and to pay a fine of Rs.5000/- each. Brief facts: This is a case of kidnapping and murder of a 7 year old child out of enmity. On 16.04.1998, Leeladhar (PW-1) lodged a report at Police Station, Barmer stating that on 15.04.1998 his son Kamlesh aged about 7 years left for the school in the morning but did not return home till evening at 7.00 p.m. In pursuance of the said report, the police made a search. On19.04.1998, on information by Hansraj (PW-8), Khet Singh (PW-9) and Bheemaram (PW-11) that a dead body of a boy was found lying on the hill of Sujeshwar in mutilated condition, the police along with one Leeladhar (PW-1) went to the spot. They found that some parts of the dead body were eaten by the animals. From the clothes, shoes, socks and school bag, PW-1identified the dead body as that of his son.
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