By the Court.—Heard Sri R.S. Tomar, learned counsel for appellant, Sri Izhar Husain, learned AGA and perused the record.

2. This appeal has arisen against the judgment and order dated 18.2.2008 passed by learned Sessions Judge, Lakhimpur Kheri in Sessions Trial No. 910 of 2004 (State v. Kamlesh Singh) arising out of Case Crime No. 568 of 2004 under Sections 364, 364, 302 & 201 IPC, P.S. Pradhan District Kheeri whereby accused was found guilty of the offence punishable under Sections 302, 364 & 201 IPC and was sentenced for imprisonment for life under Section 302 IPC, ten years rigorous imprisonment under Section 364 IPC and two years rigorous imprisonment under Section 201 IPC. All the sentences were directed to run concurrently.

3. According to the prosecution version, FIR was lodged by Amar Singh on 26.6.2004 stating that his son, namely, Swabhiman Singh aged about 6 years had gone in the field alongwith accused Kamlesh Singh on 25.6.2004 at about 10.00 a.m. Kamlesh Singh returned to the house but his son did not came back.

4. First Information Report was lodged at Case Crima No. 568 of 2004, thereafter on 27.6.2004 accused-Kamlesh Singh arrested at 09.00 a.m. On pointing