This appeal arises out of judgment and order dated 9-6-1980 passed by the then V Additional Session Judge, Agra in Session Trial No. 476 of 1979 whereby the above mentioned appellants have been convicted and sentenced to life imprisonment under Section 302 IPC read with Section 34 of the Indian Penal Code.

2. The murder of a boy aged about 8 years Nand Lal, led to the prosecution of the appellants Bhuri Singh and Summera. Nand Lal was the only son of Yad Ram PW-1 and at the relevant period he was studying in Primary School, Lal Darwaza, Fatehpur Sikri. It is said that on 5-3-79 he had gone to his school at 10 in the morning and when he was coming back home at about 4p. m. after the closure of school and had reached near the temple of Hanumanji, Kunwar Sahab son of Mehi Lal, appel lants Summera son of Jyoti Kachchi and Bhuri Singh son of Kesaria met him and they called Nand Lal and took him with them. This was seen by Ram Bharose and Churamani. When the child did not reach home upto 5 p. m. his father Yad Ram went out in search of his son alongwith some other persons and when he was not found he lodged a written report Ex. Ka-1 on the next morning on 6-3-79 at 9. 05 a. m. about the

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