PRASSAN KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD learned Counsel for the appellant and learned A.G.A. for the State.

(2.) THIS is an appeal at the behest of accused Prasann Kumar against the judg­ment and order dated 14.8.2003 convicting him to undergo life imprisonment under sections 302 and 364 I.P.C. and 2 years R.I. under section 377/511 I.P.C. and 2 years R.I. under section 201 I.P.C. in S.T. No. 896 of 2001. All the sentences have been di­rected to run concurrently. This is a case of circumstantial evidence. Single accused is named in the First Information Report which was registered on 1.9.2001 at 4.00 a.m. Police Station Deoband, District Saharanpur situated at a distance of 6 kilome­ters from the place of occurrence The first informant is Praveen Kumar, brother of the deceased Sonu aged about 10 years. Ini­tially an information was given to the po­lice station about missing of the deceased and the report was only for an offence un­der section 364 I.P.C. but subsequently af­ter the recovery of the dead body at the pointing out of the accused, the case was registered under sections 364, 302 and 201 I.P.C. at case crime No. 528 of 2001.

(3.) THE prosecution examined as many as 8 witnesses; PW-1 Pritam Singh, PW-2 Praveen Kumar, PW-3 Dr. R.K. Cha-nana, PW-4 Sub Inspector Charan Singh, PW-5 Vijendra Singh, PW-6 Sub Inspector Gajendra Singh Bansala, PW-7 Ram Niwas and P.W.-8 H.C. Jai Prakash Singh. The conviction was recorded on the basis of the circumstantial evidence and circumstance which weighed with the Court below was;