JUDGMENT :

Syed Waiz Mian, J.

1. Since both the appeals have arisen out of the same judgement and order, therefore, are being heard and decided together.

2. Criminal Appeal No. 1508 of 2013; Lotan @ Anil Kumar Singh Thakur Versus State of U.P. has been filed by the appellant Lotan @ Anil Kumar Singh Thakur against the judgement and order dated 27.2.2013, passed by the Additional Session Judge-II (Ex Cadre), Aurraiya in Sessions Trial No. 189 of 2007, arising out of Case Crime No. 352/2006, under Sections-302, 201 I.P.C., P.S.-Kotwali Aurraiya, district-Aurraiya, whereby, the appellant has been convicted and sentenced with life imprisonment under Sections-302 I.P.C. and fine of Rs.10,000/- and three years' rigorous imprisonment under Section- 201 I.P.C. with fine of Rs.5,000/- and its default stipulations. All the sentences were directed to run concurrently.

3. Criminal Appeal (U/s 372 Cr.P.C.) No. 885 of 2022; Shiv Kumar Singh Versus State of U.P. and Another has been filed being aggrieved by a portion of judgement of learned lower Court, whereby accused Ram Babu Singh has been acquitted of the charges under Sections-302, 201 I.P.C.

4. The prosecution story in brief reveals that the informant Shiv Kumar Singh presented a written F.I.R. (Ext. Ka 1) on 6.10.2006 at police station concerned alleging that his son Pawan Kumar, aged about 4 and 1/2 year went to play on 5.10.2006 around 3.00 P.M. and went missing; search was made; on 6.10.2010 at 7.30 P.M. in the millet field of one Ram Singh, was found lying dead; on the neck of the deceased there was a deep cut wound.

5. On the strength of the written F.I.R. (Ext. Ka 1) a criminal case being Case Crime no. 332/2006 was registered by P.W. 10 Constable Hardayal, against the appellant and another, for the offence under Sections-302/201 IPC and the substance of the F.I.R. was entered into G.D. No. 26 at 9.45 P.M. on 6.10.2010 by Constable Chandra Pal Singh; constable Ashok Kumar departed from the police station to place of occurrence.

6. During investigation S.H.O. Brij Raj Singh on 1.11.2006 while patrolling the area to trace the accused in connection with the instant case, one person was apprehended and on his interrogation, he introduced himself as Anil Kumar Singh; he was taken into custody and he confessed the crime and told that he is servant of Ram Babu, fair price shop dealer; on the complaint of Shiv Kumar Singh license for fair price shop was cancelled, whereupon, Ram Babu threatened him that he will take revenge for it; Rambabu asked him to kidnap Pawan; on 5.10.2006, Pawan was playing with Aman in front of chakki of Lakshman Singh, Anil Singh induced and kidnapped him to the residence of Ram Babu; in the night, he and Rambabu brought Pawan in the field of Ram Singh and on exhortation of Ram Babu, he assaulted Pawan with dagger (banka) with several blows, consequently, the deceased succumbed to injuries; he and Ram Babu Singh brought the deceased towards borderline of field and dagger (banka) was hidden thereunder and they had returned to their house.

7. Appellant-accused Anil Kumar Singh has also disclosed to Brij Raj Singh, S.H.O. that he could get the dagger (banka) recovered; on the pointing out of the appellant-accused, in the presence of witnesses Bhupendra Singh, Prem Singh and Satpal Singh and also in the presence of the police personnel, who were accompanying him, dagger (banka) was got recovered from the right side of med (dividing line of fields). He further confessed that after the murder of the deceased, he and Ram Babu had hidden the recovered ''banka'. Thus, recovery of ''banka' at the instance of the accused Anil Kumar Singh was made. At around 8.00 A.M. banka was taken to the police custody and the same was sealed in a piece of cloth and on the dictation of Brij Raj Singh, recovery memo of the assault weapon, i.e. banka, was written; the same was also read over to the witnesses who had signed it.

8. Brij Raj Singh took up the investigation and inquest report, Ext. Ka