Indian Penal Code, 1860 Sections 364A, 302, 201, 120B, 506, 148 and 149 Appeal against conviction - Kidnapping for ransom and murder - Last seen theory - Accused persons allegedly kidnapped son of informant for ransom thereafter killed him - Cause of death was fracture of Hyoid bone and thyroid cartilage, which was found ante-mortem in nature - Testimony of prosecution witness that he heard demanding of ransom by accused persons, unbelievable as nobody would ask ransom loudly - Conduct of witnesses that despite seeing deceased lastly with accused persons, they not contacted informant, unusual - Theory of last seen applicable when time of last seen together and death is short - Dead body recovered 8 days after deceased last seen together with accused persons - Case of prosecution that accused persons called informant and his brother on mobile phone and asked for ransom, not proved as Call Details Record were not exhibited - Prosecution failed to prove ownership of mobile - Absence of independent witnesses at time of recoveries and arrest of accused - Accused persons entitled to acquittal - Conviction set aside.
(LASLFD1685862)
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