Judgment :-

Fakkir Mohamed Ibrahim Kalifulla, J.

1. This appeal is directed against the judgment of the High Court of Patna at Bihar dated 02.11.2007, passed in Criminal Appeal No.690 of 2005. The said appeal was disposed of along with Criminal Appeal No.606/2005, as well as Death Reference No.8 of 2005.

2. To trace the brief facts, the deceased Chhotu Kumar Das @ Abhinav Das (hereinafter referred to as ‘Chhotu’) son of the informant Gopal Prasad Das (PW-6), left his house on 21.04.2002 at about 8.15 p.m., for visiting a local Mela, which was held every year in the village on the eve of Ram Navami. Thereafter, he could not be traced inspite of a search by his parents and, therefore, a written report was submitted by PW-6 at the police station on 22.04.2002 at 10.30 a.m. briefly narrating the circumstances in which the deceased could not be traced. No suspicion was raised against any person for the disappearance of the deceased.

3. Based on the written report, the police registered the FIR in P.S. Case No.39/2002 and proceeded with the investigation. The investigation was carried out by PW-9, the Sub-Inspector of Police. In the course of the investigation, he came across some suspicious