JUDGMENT

Dr. ARIJIT PASAYAT, J.—

1.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 conviction and sentence passed by learned III Additional District and Sessions Judge, Aligarh in Sessions Trial No.391/1979. Accused was convicted for offence punishable under Sections 302, 364 and 201 of the Indian Penal Code, 1860 (in short the ‘IPC’). He was awarded life imprisonment for each of the first two offences and five years RI for the last one. All the sentences were directed to run concurrently.

2.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. The accused-respondent allegedly took him with him and thereafter Nuruddin was not seen and his dead body was recovered in the night from a well. Natthu Singh (PW-4) had allegedly seen in the same forenoon the deceased- Nuruddin going on a cycle with the accused-respondent. Smt. Khatoon (PW-3) m