(1.) This appeal has been filed against the judgment and order of conviction dtd. 1/8/2015 passed by learned Additional District and Sessions Judge, Court No. 5, Lakhimpur Khiri in S. T. No. 761 of 2010, whereby the learned Additional District and Sessions Judge, Court No. 5, Lakhimpur Khiri (hereinafter referred to as the 'trial court') has convicted the appellant Nangu @ Rambabu for the offence punishable under Sec. 302, 377/511 and under Sec. 201 I.P.C.
(2.) Factual matrix of the case is that the informant Mahesh submitted a written complaint dtd. 1/11/2009 to the inspector In-charge of Police Station Gola, District Lakhimpur Khiri (Ex. Ka-13) to the effect that the son of the informant namely Ankur aged about 10 years on 31/10/2009, at about 7:00PM, had gone to the nearby shop for purchasing toffee but did not return in the night. The complainant along with his family members searched for his son Ankur and at about 09:00 AM, in the morning, the clothes of his son Ankur (Pant, underwear and vest) were found near the pond situated towards north of the village and after making search body of his son Ankur was found in the pond. It was requested that necessary action be taken.
(3.) After recovery of the body, post mortem was conducted on 2/11/2009 (Ex. Ka-3A), thereafter a G.D. entry (Ex. Ka-12) was made with Case Crime No. 1341 of 2009 under Sec. 302 and 201 I.P.C.
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