JUDGMENT : -

A.K.SIKRI, J. –

1. The appellants in these two separate appeals challenge the impugned judgment and order dated 16.5.2006 passed by the High Court of Uttranchal whereby the High Court has been pleased to confirm the conviction and sentence of the appellant to undergo life imprisonment u/s 302 IPC and further sentence of four years rigorous imprisonment u/s 201 IPC.

2. The appellants were charged for committing murder of 5 years old boy named Bharat Singh. As per the prosecution version, Bharat Singh was the grandson of Ram Singh. Ram Singh was grazing the cattle on 15.10.1982. At about 1.30 p.m. on that day, he instructed his grandson Bharat Singh(the deceased) to look after the cattle as he was going to his house for lunch. The boy obeyed the instructions of his grandfather and started grazing the cattle. After some time, when Ram Singh came back from his house, he found the boy missing. He called out his grandson by name but without any response.

On this, Ram Singh along with his son Pratap Singh(Uncle of missing boy and the complainant) started their search for the boy. When the boy was not traced till evening Pratap Singh (PW – 4) even informed the Patwari (Revenue O