Judgment

P.P. Naolekar, J.—This appeal is preferred by the accused A.N. Venkatesh (A-1) and Ezaz (A-2) challenging their convictions under Section 363 IPC (RI for 1 year), Section 384 IPC (RI for 2 Years), Section 201 IPC (RI for 6 months) and Section 302 IPC (Life Imprisonment) awarded by the High Court, reversing the order of acquittal, passed by the Sessions Court.

2. In brief, the prosecution case is that on 19th of May 1996 at about 9.00 AM, a minor boy named Madhu left his house for going to his father’s shop. It was vacation time for the Schools. In the afternoon when the father, M.K. Krishnamurthy, PW-7 returned home for lunch and enquired about his son, as he had not come to the shop, till evening family waited for return of the boy and thereafter the search began. Various telephone calls were made to the relatives and enquiries were made from other places where the boy was expected to have gone. Again in the next morning search was made for Madhu but he was not traced and as such at about 1.00 P.M. on 20th May 1996, PW-2, M.K. Prakash, uncle of Madhu lodged the first missing complaint in Hosadurga Police Station. The police registered the complaint as Crime No. 99/96 on the