JUDGMENT :

D.P. Choudhury, J.

This Jail Criminal Appeal is filed by the appellant from Jail assailing the judgment of conviction and sentence passed under Sections 302 and 377 of the Indian Penal Code (hereinafter called as “I.P.C.”) by the learned Ad hoc Additional Sessions Judge, Jeypore in Criminal Trial No.58 of 2004 sentencing him to undergo imprisonment for life for the offence under Section 302 IPC and to pay a fine of Rs.10,000/-in default to undergo R.I. for one year for the said offence and further to undergo R.I. for three years and to pay a fine of Rs.3,000/-for the offence under Section 377 IPC in default to undergo R.I. for six months for the said offence. Both the sentences were directed to run concurrently.

2. The adumbrated facts leading to the case of prosecution is that on 04.10.2012 at about 4.30 PM, the deceased being seven years old boy, was playing with P.W.5, the accused-appellant came and called the deceased-boy to give him chocolate. After the accused-appellant took the boy, the deceased did not return to the village. On the next day, the dead body of boy was found in the well. On the report of one Hebal Garada, U.D. Case No.18/02 was registered on 06.10.2002