JUDGMENT

Uday Umesh Lalit, J. - Leave granted.

2. This appeal challenges the judgment and order dated 09-05-2014 passed by the High Court of Chhatisgarh at Bilaspur in Criminal Appeal No. 650/1999.

3. On the reporting made by PW-2 Thuran Singh, father of one Shiv Kumar Khairwar that his son had gone to a Paddy Milling Centre at about 3.00 p.m. on 13.01.1997 and had since then been missing, a crime against unknown persons was registered. After the body of said Shiv Kumar Khairwar was recovered from a pond on 17.01.1997, the crime was converted to one under Section 302 of the Indian Penal Code, 1860 ('the IPC', for short).

4. The appellant came to be arrested in said crime on 20.01.1997 and soon after his arrest, certain recoveries on the strength of his statement were stated to have been effected.

5. Leaving aside the recoveries, the prosecution principally relied upon the testimony of following witnesses:

(A) PW-3 Birja Singh, younger brother of the deceased, was a student of Vth class when he was examined. The witness stated that on the relevant day he had gone along with the deceased on a bicycle for milling of paddy; and that after the paddy was milled at the place one Ullekh Prasad,