Deshmukh, J. - The appellants-accused both of P.Ws. 1. were minors at the time when the incident had taken place. The prosecution case in brief is as follows :

That the complainant, Pratap Govind Pandit is residing at Uttamnagar, Taluka-Haveli, District Pune along with his wife Baby and his son, Vijay. He is doing the business of selling ice-cream near Shivaji-Putala at Kothrud, Pune. Vijay, who was taking education in 7th Standard at the relevant time was having holiday on 7th September, 1989, i.e. the date of the incident as it was a Ganpati Visarjan day. On that day the complainant had gone to Kothrud for selling ice-cream. His wife and sister had gone to meet him at about 12 mid-night to make enquiries whether Vijay had come to him as he was not in the house since 3.30 p.m. Pratap Pandit told P.Ws. 1. that he had not come and all of P.Ws. 1., therefore, returned to the house and tried to search out Vijay. As the deceased Vijay could not be found a missing report was lodged at Uttamnagar Police Chowki on the next day.

2. Inspite of the best efforts made by the parents and relatives of Vijay he could not be found but it was noticed by the complainant that another pers