Shailendra Kumar Agrawal, J.

1. This appeal has been preferred by accused/appellant Ram Pravesh against the judgment and order dated 18.06.2005 passed by the Additional Sessions Judge, Court No.16, Deoria in Sessions Trial No.368 of 1999 (State Vs. Ram Pravesh and others), arising out of crime no.276 of 1999, under Sections 302, 201 IPC, Police Station Salempur, District Deoria, whereby the appellant was convicted and sentenced under Section 302 IPC for life imprisonment along with fine of Rs.5000/- and under Section 201 IPC for three years' rigorous imprisonment along with fine of Rs.2000/- with default stipulations.

2. The factual matrix of this appeal is related to the unfortunate murder of one boy of 3 years and 8 months old, who had come to the house of his maternal grandmother. He was missing in the morning of 08.08.1999 at 7.30 a.m. He was searched at many places, but could not be traced out. On 9th August, 1999 a missing report Ex. C1 was given by CW1 Smt. Biyafi (maternal grandmother of the victim) to the police Station Salempur, District Deoria, which was recorded by PW-3 CP Madan Mohan Tiwari in G.D. No.22 at 15.10 (Ex. Ka-5).

3. Thereafter, CW1 informed her son Kali Charan, the complainant of the case, who was doing job in Mumbai. He came to his village Sahala. After making some inquiries on his own level, he moved a written report (Ex. Ka-1) at Police Station Salempur on 16.08.1999 saying that he has come to know that accused Ram Pravesh Gupta and his family members have murdered Ramu and hidden his dead body in his house. Ram Pravesh had inimical terms with him. The chik FIR was carved out as Ex. Ka-6, which was entered in G.D. No.22 at 12.30, which is Ex. Ka-7. S.S.I. Ram Rekha Yadav (PW-6) started investigation.

4. PW-6 Ram Rekha Yadav recorded the statement of complainant Kali Charan (PW-1) at the Police Station on the same day and reached to Navalpur Crossing along with some police personnel and complainant. On the information of “Mukhbir”, the accused Ram Pravesh Gupta was arrested at Navalpur Crossing and on interrogation he confessed to have committed the murder of Ramu on 08.08.1999 at 8.30 in the morning by cutting his throat in his courtyard and he disclosed about this incident to his father, mother, brother and sister, who had gone to work in the fields and the dead body of Ramu along with Khurpi was hidden by digging the earth with the aid of his family members.

5. His confessional statement Ex. Ka-17 was recorded and its contents were also recorded in the case diary which is Ex. Ka-19. Thereafter, they reached the house of Ram Pravesh and discovered the dead body of deceased Ramu and spud (Khurpi) (the weapon used in the crime), material Ex.1, in presence of witnesses Ram Pyare Tiwari and Vishwanath Yadav (PW-2) after digging the earth from a vacant place of north-western side of verandah of his house. The skeleton of deceased Ramu was found to be wrapped in a plastic bag.

6. The Fard of skeleton Ex. Ka-3 and Fard of spud (Khurpi) Ex. Ka-4 were prepared on the spot and the signatures of witnesses Ram Pyare Tiwari, Vishwanath and accused were obtained on these Fards.

7. The inquest report Ex. Ka-12 was prepared on the spot and after its preparation, the sealed skeleton was sent for postmortem along with all relevant papers Ex. Ka-11 to Ka-14 through Constable Om Prakash Singh (PW-5) and Virendra Kumar Sonkar (CW-2).

8. PW-4 Dr. L.P. Gupta conducted autopsy on the skeleton of Ramu Gupta son of Raj Kumar on 17.08.1999 at about 12:45 p.m. He proved postmortem report Ex. Ka-9 and opined that the death had occurred 7 – 8 days ago; the corpse was decomposing; hairs from head and eyebrows were absent; skin from all over the body was destroyed but present at some places; foul smell was coming out from the body. The following ante-mortem injuries were found:

(i) Lacerated wound 13cm x 3cm x throughly through out the whole cut of neck. The neck was entangled only with some part of skin on the front of neck. Al