JUDGMENT :

Ritu Bahri, C.J.

Appellant-Gurmit Singh @ Master has come up in appeal against the judgement and order dated 09.11.2012, passed by the learned 2nd Additional sessions Judge, Rudrapur, U.S. Nagar, Uttarakhand in Sessions Trial No.53 of 2007, whereby appellantGurmit Singh @ Master has been convicted for the offences under Section 364-A and 120B of the Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’).

2. The prosecution case in a nutshell is that a written complaint was given by complainant Dhanpat Mittal S/O Shri Ram Ratan Mittal, brother-in-law of the victim in police station, Sitarganj, U.S. Nagar stating that on 12.09.2006 at around 06:00 am, his brotherin-law (Behnoi) Gobinda had gone on his motorcycle to take care of his land at Visti Road, Village Tigri, but he has not returned and, hence, the complainant-Dhanpat Mittal made a request to search him. After this, a similar written complaint was given by another complainant-Mujahid Ali in Police Station Sitarganj that on 12.09.2006 at around 06:00 am his brother Shakir Ali @ Babbu Khan was called by Gobinda and took him on a motorcycle, when they did not come for a long time the complainant tried to contact on a