1. - This appeal has been preferred by the accused-appellant against the judgment and order dated 28.7.1987 passed by the learned Additional Sessions Judge, Bali in Sessions Case No. 82/86, by which he acquired the accused-appellant of the charges for the offence u/ss. 302 & 394 IPC, but convicted him for the offence u/s. 411 IPC and sentenced to undergo 18 months RI.

2. It maybe stated here that by the same judgment and order, the learned Additional Sessions Judge, Bali acquitted co-accused-Moti of the charges for the offences u/ss. 302 & 394 IPC.

3. The necessary facts giving rise to this appeal, in short, are as follows:-

On 15.7.1986, PW-1 Aamba lodged, a written report Ex.P/1 before PW-16 Anop Singh, SHO, Police Station Bali stating inter alia that on 13.7.1986 his son Joga (hereinafter referred to as 'the deceased') went to the jungle alongwith the flock of he-goats and she-goats for the purpose of grazing them and deceased did not return in the evening. It was further stated in the report that when deceased did not return in the evening, his elder-brother PW-2 Thakri and nephew PW-11 Bhagaram went in the jungle to search deceased, but they did not find him. It was furt