Hemant Gupta, J.

1. Present appeal has been filed by Rajiv Kumar alias Raju against the judgment dated 4.5.1998 convicting and sentencing him to life imprisonment for an offence under sections 302 and 201 of the Indian Penal Code.

2. The prosecution case was set in motion on the statement of Kashmiri Lal Makkar. The present appellant is his nephew i.e his elder brothers son. Kashmiri Lal complainant has alleged that he is running a shop of doctor at Basti Kamboan and he has two children namely Dhiraj Kumar alias Monti aged about 11 years and daughter Yashika aged about 5-1/2 years. On 22.4.1995, his son Dhiraj Kumar was lost at about 1 p.m. He inquired and searched till evening but when he could not be found, an information was given at about 7 p.m. All the family members were searching for the missing boy but he could not be found anywhere. It was only on 26.4.1995 at about 7.30 p.m. when his friend Harish Kumar resident of Ferozepur came to him and told that on 22.4.1995 he had seen his nephew Raju son of Kulwant Rai and Balbir Singh alias Giani taking his son towards Mallanwala sitting in between them on Chetak scooter having grey colour. Since Harish Kumar had gone to C