JUDGMENT :

1. This appeal is directed against the judgment and order dated 22.07.2004 passed by Additional Sessions Judge Fast Track Court Maharajganj in Session Trial No. 19 of 2002, State Vs. Suresh Chandra, arising out of Crime No. 128 of 2002, under Sections 302 and 201 I.P.C., Police Station Farenda, District Maharajganj, convicting the appellant and sentencing him to undergo imprisonment for life under Section 302 IPC, undergo three years rigorous imprisonment under Section 201 IPC and to pay fine of Rs. 2000/- and in default of payment of fine to further undergo six months imprisonment. All the sentences were directed to run concurrently.

INTRODUCTORY FACTS

2. The prosecution case, in brief, is that a written report dated 03.02.2002 was given by Ram Kishore, S/o Shiv Harsh resident of Gram Ranipur Chauraha, P.S. Purandarpur District Maharajganj with the averment that his nephew Suresh Chandra, S/o Mewa Lal, who was slightly deranged for about a week, went missing since night of 01.03.2002, without telling anyone. On the next day, he came at around 12:00 o'clock in the noon and took his younger son Amarnath and went out of the house quietly. The first informant along with other