Anil Kumar Sharma, J.: -

The appellant - State of U. P. has challenged the acquittal of the sole respondent recorded by the Sessions Judge, Saharanpur vide judgment and order dated 3.10.2005 in S. T. No. 20 of 2005 u/s 302, 201 IPC P. S. Kotwali Dehat, Saharanpur.

2. We have heard the learned AGA and perused the original record of the case carefully.

3. Facts germane to the appeal are that on 3.10.2004 complainant Rishipal submitted a missing report of his brother Pala s/o Kalu Ram aged about 50 years since 26.9.2004. His nephew Johny met Pala in the bus who told him that he is going to the house of Rakesh situated at Dera Satpal Singh Raja Nagpal. His brother Pala has not returned since 26.9.2004 and during search he came to know that accused Rakesh has told some one that he along with Brahman Sukesh s/o Baru Lal had strangulated Pala to death. On 5.10.2004 the complainant lodged another report with the police on the basis whereof case was registered and investigation started. The same day, the investigating officer arrested accused Rakesh at about 2: 45 p.m. and after interrogation he got the cadaver of the deceased recovered from a pond of village Ismailpur. Recovery memo w