JUDGMENT

Arun B. Saharya, J. - By this common judgment, we would dispose of the Appeal filed by Lalit Kumar against judgment and order dated 31st of August, 1994 passed by the Addl. Sessions Judge, Delhi convicting and sentencing him to undergo rigorous imprisonment for a period of four years under Section 365 IPC and to death under Section 302 IPC, and the above-noted Murder Reference made by the Sessions Court for confirmation of the death sentence under Section 302 IPC.

2. The charge against Lalit Kumar was that on 17th of January, 1992, he kidnapped Anil, aged about 9 years, son of Om Parkash, resident of P2-175, Sultanpuri, Delhi; arid during the period 17th of January, 1992 to 24th of January, 1992 committed murder of the child in the forest of Avagarh in Distt Aita, UP.

3. The prosecution case is that on 17th of

January, 1992 Om Parkash (PW-10) lodged a report (Ex. PW-1/D) at Police Station Sultanpuri, Delhi, that his son Anil had gone out to ease himself at about 4 p.m. and was missing. Same day, at about 5.30 p.m., Rajinder Singh (PW-2), Sarvan Kumar and Bir Singh saw Lalit together with Anil at the Azadpur bus stand. Thereafter, on 22nd of January, 1992, at about 6.15 p.m