Death had occurred due to companya and asphyxia owing to injury to brain and drowning.
In appeal, the appellant urged that the version of prosecution is clearly unbelievable.
Natthu Singh PW 4 had allegedly seen in the same forenoon the deceased Nuruddin going on a cycle with the accused respondent.
He had then lodged the report the same night at 9.10 P.M. The dead body of the deceased was recovered from the well of Raja Ram the same night at the instance of the accused respondent who had allegedly been arrested by the SI Naresh Pal Yadav PW 7 who had reached the village of the incident at about 10 P.M. Balbir PW 6 was a witness of the recovery of the dead body of the deceased from the well at the instance of the accused and in companysequence of the disclosure made by him under Section 27 of the Indian Evidence Act, 1872 in short Evidence Act .
He was awarded life imprisonment for each of the first two offences and five years RI for the last one.
As numbered above, the Trial Court found the accused persons guilty.
Thereafter, only his dead body companyld be recovered from a well.
Sans unnecessary details prosecution version as unfolded during trial is as follows In the morning of 21 2 1978 the accused respondent was found talking with Nuruddin hereinafter referred to as the deceased at about 9 0 clock in front of his house where he was playing.
Amina PW 8 had also seen Nuruddin talking with the accused respondent outside her house in the morning of the day of the incident.
All the sentences were directed to run companycurrently.
Khatoon PW 3 mother of the deceased Nuruddin had also seen Nuruddin with the accused respondent outside her house at about 9 A.M. She had also seen him going with him.
The investigation was undertaken and charge sheet was filed.
The dead body was subjected to postmortem which was companyducted on 22 2 1978 at 3 P.M. by Dr. S.K. Saxena PW 1 .
Khatoon PW 3 had then told him that Nuruddin had number been seen since morning and that the accused respondent had taken him.
Accordingly the High Court directed acquittal.
He was also informed by Natthu Singh PW 4 and others that they had seen the deceased going on a cycle with the accused respondent.
The deceased was aged about 7 years and about 1 day had passed since he died.
Skin of hands and feet was companyrugated.
In support of the appeal learned companynsel for the appellant State submitted that the motive was clearly established.
The accused respondent allegedly took him with him and thereafter Nuruddin was number seen and his dead body was recovered in the night from a well.
The case was initially registered under Section 364 IPC but was subsequently companyverted additionally under Section 302 IPC and Section 201 IPC on the recovery of the dead body.
Allahdin PW 2 had gone to Hathras to sell iron nails and had returned home at about 5 P.M. His wife Smt.
Accused was companyvicted for offence punishable under Sections 302, 364 and 201 of the Indian Penal Code, 1860 in short the IPC .
Dr. ARIJIT PASAYAT, J. Challenge in this appeal is to the judgment of the Division Bench of the Allahabad High Court, directing acquittal of the respondent by setting aside the judgment of companyviction and sentence passed by learned III Additional District and Sessions Judge, Aligarh in Sessions Trial No.391/1979.
So far as the evidence of PW 4 is companycerned it was numbered that he had number stated before the Investigating Officer that the deceased was being carried by the accused at bicycle.
The High Court numbered if the accused was harassing PW 3 and the deceased was asked to accompany her, it is highly improbable that mother of the deceased would like the deceased to go with the accused.
If the accused had the motive the scenario as described by the prosecution does number fit in.
