1.Leave granted.

2. In this case the respondent was charged for the offence under Sections 302, 364 and 201 of the Indian Penal Code. According to the prosecution case the respondent had abducted one Lakshmi Prasad, slo PW 5 on 18-41987 in association with some other persons. The manner in which the respondent had done it, according to the prosecution case is that the respondent went to the house of Lakshmi Prasad, caught him and tied him and led him away. The father, PW 5 lodged an FIR on 19-4-1987. When the respondent was arrested the dead body of the deceased was recovered on the strength of the disclosure statement elicited from the respondent. The postmortem evidence shows that the deceased was murdered.

3. On the basis of the aforesaid allegations and with the help of the evidence adduced the respondent was convicted by the trial court for all the offences charged against him. But the High Court acquitted the respondent under Section 302 while confirming the conviction and sentence passed on him including the offence of abduction. He was sentenced to rigorous imprisonment for five years for the offence under Section 364 IPC.

4. Learned counsel for the appellant State contende