JUDGMENT

R.D. Shukla, J. - This appeal, by the State, is directed against the judgment of acquittal, passed by the Additional Sessions Judge, Shajapur, in Sessions Trial No. 43/86, whereby the accused respondents have been acquitted of the offence punishable under Sec. 302/201 and 109/34 of the I.P.C., for having committed murder of Sanjay son of Bas ant Kumar, a child aged about 12 years, between 20th September 1985 at about 11 a.m. to morning of 21.9.1985 and causing disappearance of the body by severing the head, leg and burning it with the help of kerosene.

2. The brief stated facts are that Sanjay Kumar was a student of a school. On 20th September 1985, as usual, he left for school at 11.00 a.m., but he did not come back in the evening at 5.00 p.m., as such a search was made by the members of the family i.e., brother Vijay Kumar and father Basant Kumar. Thereafter, they lodged report of Gumshudgi at 10.40 p.m. vide P/40 in police station Susner.

On 20th September 85 at about 9.30 a.m. an information was received about the presence of a human body in a public lavatory, the same was reported by one Chaturbhujdas to the police. Shri R.N. Mishra started investigation. The body was