Mohammad Rafiq, J.

1. This appeal is directed against the judgment and order dated 19.5.2007 passed by learned Addl. Distt. & Sessions Judge (FT), Chomu Distt. Jaipur whereby the accused appellant Ram Karan was convicted and sentenced as under :

U/s. 302 IPC: sentenced to life imprisonment and fine of Rs. 5,000/-; in default of payment of fine to further undergo six months simple imprisonment.

U/s. 201 IPC: sentenced to three years Simple Imprisonment and a fine of Rs. 1,000/- and in default to undergo imprisonment for one month;

U/s. 404 IPC: Sentenced to undergo three years imprisonment and a fine of Rs. 1,000/- and in default to undergo imprisonment for a period of one month.

2. The facts leading to this appeal are that an information was received on 3.7.2005 at about 7.35 pm that a dead body of a child was lying in Dabar Ki Pahari. On this information, Inayat Ali, ASI along with his party reached the place of occurrence where Ram Karan son of Kalu Ram made a written report that his brother Kishan Lal had started from his house on 30.6.2005 in the morning at about 7.30 am for a haircut but he did not return back and as such, a report dated 2.7.2005 was lodged about Kishan Lal being missing. When the search was going on, the dead body of Kishan Lal was found in the ravines of Dadar. As the cause of death was not known, an inquest report No. 16/2005 under Section 174 Cr.P.C. was made on 4.7.2005. Inayat Ali in his enquiry submitted report that looking to the place of occurrence and post mortem, the dead body of Kishan Lal has been thrown away in the deep ravines in order to conceal the evidence of crime. On this report FIR No. 204/2005 under Section 302, 201 IPC was registered and on investigation, the police concluded that the appellant is responsible for the crime and a charge-sheet under Sec. 302, 201 and 404 IPC was filed against the appellant in the Court of Judicial Magistrate, Chomu. The Court of Judicial Magistrate, Chomu committed the case to the Court of Distt. & Sessions Judge, Jaipur from where it was transferred for trial to the court of Addl. Distt. & Sessions Judge (Fast Track), Chomu. The appellant was charged by the trial court for offence under Sec. 302, 201 and 404 IPC. As the appellant denied having committed the offences charged, the trial was commenced.

3. The prosecution in its evidence examined PW-1 Ashok, PW-2 Raj Kumar, PW-3 Mahesh, PW-4 Bodu Ram, PW-5 Gopal, PW-6 Gautam, PW-7 Dinesh, PW-8 Babu lal, PW-9 Jagdish, PW-10 Lal Chand Kumawat, PW-11 Dr. Sumant Datta, PW-12 Bajran Lal, PW-13 Tejpal, PW-14 Subhas, PW-15 Mahendra Singh, PW-16 Beena Bharti, PW-17 Gajanand, PW-18 Iniyat Ali, PW-19 Atar Singh and PW-20 Dr. Rajendra Kakkad. In defence evidence the appellant examined DW-1 Smt. Lali.

4. The learned trial court after hearing both the parties, passed the impugned judgment and order dated 19.5.2007. Hence this appeal has been filed.

5. Shri Anshuman Saxena, learned counsel for the appellant has argued that the entire prosecution evidence led against the appellant was not sufficient even to create a genuine doubt about commission of any offence. The learned trial court on the evidence of interested witnesses of the family members of the deceased has wrongly concluded that the case against the appellant under above mentioned sections of Indian Penal Code is proved. It has been argued that the appellant infact has been falsely roped in this case on account of enmity in the circumstances that the police was not able to locate as to who has committed the crime and the appellant was named by the interested witnesses on account of enmity and lurking suspicion.

6. It is argued that the case set up by the prosecution against the appellant is wholly unfounded in as much as according to the prosecution, it was the appellant who after 4 days of the elopement of Kishan Lal along with 5 others boys/children had gone to Dadar Ki Doongri where the dead body of the deceased was found. Had the appellant been the culpr