BISHWA NATH AGGARWAL Vs. MEENA GUPTA

JUDGEMENT

(1.) We heard learned counsel for the appellant and also learned counsel for the 1st respondent in extenso. Both respondents were convicted by the trial court of the offence under Section 302 read with Section 34 of Indian Penal Code besides offences under sections 201 and 387 of the Code and they were sentenced to imprisonment for life in respect of the principal offence and for lesser term of imprisonment for the other offences. The appeal preferred by them was allowed by a Division Bench of the High Court of Patna, Ranchi Bench, and both accused were acquitted. The father of the victim of the homicide has filed this appeal by special leave.

(2.) The victim was a young boy of 7 who was strangulated to death on 12.2.1978. When his parents sensed that the boy was missing from their home as he did not return home, they made frantic search for him but failed to find him out. 5 days later a ransom note was found lying inside the kitchen of the house of the appellant. The dead body of the boy was recovered from the roof of the house of second accused - Yashwant Singh 1st accused - Meena Gupta, a young lady was also arrested. Finally, the case was challaned by the police against both the accused.

(3.) Prosecution had only circumstances to be proved for establishing the offences charged against the accused. The trial court found that the circumstances proved were sufficient enough for holding that the murder of the boy was committed by the 2nd accused in joint concert with the first accused.