(Delivered by Hon'ble Mrs. Ranjana Pandya, J.)

1. The present appeal has been preferred against the judgment dated 06.05.1982 passed by First Additional Sessions Judge, Bahraich, whereby the accused appellant was found guilty under Section 302 and 392 I.P.C. and was convicted and sentenced to undergo life imprisonment under Section 302 I.P.C., and three years R.I. under Section 392 I.P.C. Both the sentences were to run concurrently.

2. Brief facts of the case as unfolded in the first information report and the prosecution case is that the informant Barati Lal presented a written report dated 18.12.1979 to the S.O., P.S. Hardi, District Bahraich stating that he is resident of Katkauiya, P.S. Hardi, District Bahraich. On 17.12.1979 at about 12 O'clock in the day time, he had gone to the market for some purchase, when after sun set, he returned from the market to his house he found that his mother was not present in the house. His mother was aged about 60 years. He tried to trace his mother but he could not trace her. On the next date i.e. on 18.12.1979 in the morning, he left his house to find his mother he was being accompanied by Ram Naresh and Pyare Lal. While searching