JUDGMENT :

Pankaj Naqvi, J.

This criminal appeal is preferred against the judgment / order dated 9.12.2008, passed by the Addl. Sessions Judge (Court No.4), Gorakhpur in S.T. No.213/1999, P.S. Cantt., Gorakhpur, convicting / sentencing the appellant under Section 302 IPC with life and other ancillary conviction / sentences.

1. The prosecution case:-

(A) A missing report (Ext. Ka-1) came to be lodged on 17.11.1997 by P.W.-1 / Ram Chandra, alleging that his son Jitendra @ Mantu aged about 16 years went missing on 15.11.1997 at about 5.30 PM after he had gone to ease himself.

(B) P.W.-1 while searching the articles/goods belonging to his son (victim) came across a joint photograph of his son (victim) and that of the niece of the appellant, which led him to believe that the duo was in a relationship. He apprised the I.O.(P.W.5) of the said fact on 19.11.1997. P.W.-5 / the I.O. inquired from the appellant about the victim and on the basis of statement of appellant Rajman as also of accused Bablu, Saroj and Suggan and at their pointing out the dead body of victim which was wrapped in a plastic bag and hidden 2-3 feet deep inside the earth was recovered on 19.11.1997 at about 4.15 PM from the