JUDGMENT :

Vikram D. Chauhan, J.

1. The present appeal is preferred against the judgment and order dated 09.11.2006 passed by Session Judge, Gautam Budh Nagar in Session Trial No. 237 of 1995 – State Vs. Vinay Kumar Sharma and another wherein the Appellant has been convicted under section 302 Indian Penal Code for life imprisonment and fine of Rs.15,000/-; under section 376 Indian penal code convicting the Appellant for a sentence of 10 years rigorous imprisonment and fine of Rs.5000/-and further convicting the appellant under section 201 Indian Penal Code with a sentence of three years rigorous imprisonment and fine of Rs.3000/-.

2. Heard Sri Rahul Misra, learned counsel for the Appellant; learned A.G.A. for the State and perused the lower court record with the assistance of the counsel for the parties.

3. There is one Ram Avtar Sharma who is resident of Village-Nar Mohammadpur within Police Station-Jahangirpur, District-Gautam Budh Nagar. The accused person is the next-door neighbour.

4. On 9th August, 1994 at about 10 am, the victim (aged about 12 years), daughter of Sri Ram Avtar Sharma had gone to the house of accused person to fetch water from the hand pump with a bucket in her hand but she did not return from there. She was searched out in the village and when she could not be found then her uncle (Anand Swaroop, S/o Ganga Ram ) on 9th August, 1994 lodged a missing report at 16.45 hours at P.S. Jahangirpur, District Gautam Budh Nagar being G.D. No.21 in respect of the missing of the Victim. In the aforesaid report it was mentioned that the victim girl had gone to bring water from house of Naresh.

5. On the said information, police came to the village and made search in the house of Naresh and other residents of the village but the girl/victim could not be traced.

6. On that very night, Badri Prasad (father of Appellant) came to the house of Suresh Chand Sharma (PW3) and asked for his help in disposing of the dead body of the girl in the canal after disclosing that she was killed by his son Vinay (Appellant), but Suresh Chand Sharma refused to oblige Badri Prasad.

7. On the next day, Suresh Chand Sharma (PW-3) disclose the aforesaid fact Ramavtar and other villagers.

8. On 10th August, 1994, Anand Swaroop gave another report at P.S. Jahangirpur that his niece (victim) has been murdered by Vinay Kumar Sharma, s/o Sri Badri Prasad Sharma and that her corpus is lying in the house of accused -Vinay Kumar Sharma. It was also stated that Vinay Kumar Sharma appears to have committed rape of the victim and, thereafter, has murdered her. It was also alleged that the father of Vinay Kumar Sharma, namely, Badri Prasad Sharma has aided in concealing the corpus of the deceased. The aforesaid report was entered in G.D. No.16 at 12.30 PM on 10th August, 1994. On the basis of the aforesaid, a case under section 302, 201 and 376 of the Indian Penal Code was registered against the accused persons.

9. The then Station House Officer of the police station concerned D.R.Nanoria (PW-6) took investigation of the case in his hand and came along with complainant – Anand Swaroop and other police personnel to the village. The house of the accused person was surrounded by villagers and both the accused person Vinay Kumar Sharma and Badri Prasad were present at the roof of the house.

10. On seeing the police party, both the accused person jumped into the courtyard of their house, where the bricks and bulleys were lying and they were apprehended and beaten by villagers.

11. The investigating officer arrested both the accused person and made enquiries from them. Appellant-accused person confessed to the crime and got recovered dead body of the victim which was wrapped in a gunny bag in a naked condition. The corpus of the deceased was concealed in a almirah of the eastern wall of the room of the Appellant-accused.

12. The body of the deceased was taken