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2023 Supreme(All) 1014

RAJAN ROY, MANISH KUMAR NIGAM
Nangu @ Rambabu – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Rajesh Kumar Dwivedi.

JUDGMENT :

Manish Kumar Nigam, J.

1. This appeal has been filed against the judgment and order of conviction dated 01.08.2015 passed by learned Additional District and Sessions Judge, Court No. 5, Lakhimpur Khiri in S.T. No. 761 of 2010, whereby the learned Additional District & Sessions Judge, Court No. 5, Lakhimpur Khiri (hereinafter referred to as the ‘trial court’) has convicted the appellant Nangu @ Rambabu for the offence punishable under Section 302, 377/511 and under Section 201 I.P.C.

2. Factual matrix of the case is that the informant Mahesh submitted a written complaint dated 01.11.2009 to the inspector In-charge of Police Station Gola, District Lakhimpur Khiri (Ex. Ka-13) to the effect that the son of the informant namely Ankur aged about 10 years on 31.10.2009, at about 7:00PM, had gone to the nearby shop for purchasing toffee but did not return in the night. The complainant along with his family members searched for his son Ankur and at about 09:00 AM, in the morning, the clothes of his son Ankur (Pant, underwear & vest) were found near the pond situated towards north of the village and after making search body of his son Ankur was found in the pond. It was requested tha

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