JUDGMENT

NAVIN SINHA, J.

The appellant assails his conviction under Section 302 read with Section 201 I.P.C., by the Additional Sessions Judge, Hissar in case No.54SC (RBT) of 2008, affirmed by the High Court, based on the last seen theory.

2. PW7, Krishan Kumar lodged an F.I.R. on 11.09.2007 with regard to his missing nephew, the deceased Kapil Kumar who was thirteen years old. The deceased had gone to the village the previous evening at about 6:00 PM to deliver milk to customers. The witness and his relative PW9, Richhpal had seen the deceased with the appellant at about 9:00 PM on the Khairpur Road, Sarangpur, going on a bicycle together. The deceased did not return home at night. His dead body was found the next morning lying concealed in a heap of dry fodder in the fields of Subhash. The appellant was stated to have had an altercation with the deceased a few days ago with regard to payment of milk. The disclosure by the appellant under Section 27 of the Evidence Act after his arrest, led to recovery of the atlas bicycle belonging to PW7, and the milk can with the name of the witness inscribed on it.

3. Learned Counsel for the appellant assailing the conviction, submitted that th