R. S. SODHI, J.

( 1 ) CRIMINAL Appeal 109 of 2001 seeks to challenge the judgment dated 20. 11. 2000 of the Additional Sessions Judge in Sessions Case No. 32/99 arising out of F.. R. No. 922/98, Police Station Patel Nagar, whereby the learned Judge has held the appellant guilty under Section 302 IPC and further by order dated 21. 11. 2000 has sentenced the appellant to imprisonment for life with a fine of Rs. 15,000/- ( rupees fifteen thousand) and in default of payment of fine to undergo rigorous imprisonment for a period of one year.

( 2 ) BRIEF facts of the case as noted by the learned Additional Sessions judge are as follows:-

" Kalu aged three and a half (3 1/2) years was the son of complainant lal Chand. On 13th of December, 1998 he was found to be missing from his house around 1. 00 p. m. His father looked for him and unable to find him lodged DD report at P. S. Patel Nagar on the same day at about 10. 40 p. m. DD No. 32-A was recorded on this information. On the next day, FIR No. 922/98 under section 365 IPC was lodged at p. S. Patel Nagar as Kalu could not be traced out. The investigation of the case was initially taken up by SI Ram Phal. It was revealed that accused Mohd. Aizaz who was residing on the second floor of the house in which complainant Lal Chand was residing was also missing from his room. Mohd. Aizaz was apprehended from Railway Station Delhi Main while he was trying to board a train. He made a disclosure statement and led the police party to a place in Ghaziabad from where he got recovered the dead body of Kalu which was lying near some bushes in a polythene bag. The dead body was sent for postmortem examination and the doctor who conducted postmortem on the dead body opined that Kalu had been strangulated to death. After the completion of the investigation, a challan under section 302 IPC was filed against the accused. "

( 3 ) THE Prosecution in order to establish its case examined as many as 13 witnesses. Of these PW-1, Lal Chand, is the complainant. He is the father of the deceased, Kalu and deposes to the effect that on 13. 12. 1998 his son kalu had gone missing and he had lodged a report in the police station and subsequently, on the next day he lodged an F.. R. He deposes that in his presence Mohd. Aizaz was apprehended from platform No. 12, Railway station, Delh. He further goes on to depose that on interrogation the accused made a disclosure statement which then led the police party to ghaziabad, from where the dead body of Kalu was recovered, packed in a plastic bag and thrown in the bushes. This witness identified the dead body of his son.

( 4 ) PW-2, Smt. Kamlesh, is the mother of the deceased and deposed that on 13. 12. 1998 at around 12. 00 noon she had seen the deceased sitting with the accused in his room. She had gone there to get her son for a bath but the accused persuaded her to let him watch television. The witness got busy in household chores and thereafter at 2. 00 p. m. she again went upstairs but found the room of the accused locked. She searched for her son but he could not be traced. She narrated this incident to her husband who thereupon filed missing persons report on the same day.

( 5 ) PW-3, Santosh Kumar, resides in the same building and deposed to the effect that on 13. 12. 1998, he came home for lunch at 12. 00 noon and saw kalu in the room with Mohd. Aizaz. After taking lunch he returned to the factory and thereafter came back at 7. 00 p. m. when he found that Kalu was missing from the house. Mohd. Aizaz was also not available in his room. He had told Lal Chand that Kalu was seen with the accused. On 14. 12. 1998 this witness accompanied Lal Chand and Ram Pal in search of Kalu and Mohd aizaz but they could not be traced. On 15. 12. 1998 at about 12. 00 noon, Mohd. Aizaz was spotted at the Railway Station. The accused was apprehended and interrogated. He made a disclosure statement, upon which the Police was taken to a place near Police Post Lal Kuan, Ghaziabad and got