JUDGMENT

S.P. Kurdukar, J.-This Criminal Appeal is directed against the judgment and order dated June 24. 1985 passed by the Sessions Judge Special Court, Ferozepore, convicting both the appellants - accused for an offence punishable under Section 302/34 IPC.

2. The appellants- accused were put up for trial before the Special Court for committing the murder of Harjit Singh alias Raju aged about five years. He was the son of Mohinder Singh, the brother of Inder Singh (P.W.6). It is the case of the prosecution that on December 14, 1984, Raju while playing along with his friends in front of their house, was found missing in the evening. A missing information was lodged with the police. Inder Singh (P.W.6), Mohinder Singh and other relatives of Raju searched him throughout the night but could not trace him. However, on 15th December, 1984 at about 7 p.m. these witnesses noticed a crowd near the DAV College and after going there they found the dead body of Raju lying near the school compound. They also noticed that the amulet and rod which were worn by the deceased Raju were missing. An FIR was then lodged with the police station, city Fazilka and thereafter investigation commenced. Dur