S. K. KULSHRESTHA, J.

( 1 ) THIS appeal by the convicted accused, is directed against the judgment dated 24-3-2003 of the learned viiith Addl. Sessions Judge, Indore, in Session trial No. 239/2000 by which, while acquitting co-accused Prakash-chandra chouhan and Ms. Binu Chouhan, the learned Judge has convicted the appellant under Section 302 and 364 of the Indian penal Code and sentenced him under each count to undergo imprisonment for life and pay fine ofrs. 100/ -.

( 2 ) THE appellant was prosecuted for the offence u/s. 364, 364-A, 302 and 201 of ipc along with the acquitted accused who were prosecuted for the said 6ffence r/w. Sec. 34 of the IPC, on the allegation that on 24-8-1994, at about 7. 00 a. m. , they had kidnapped Gaurav s/o Satishchandra, aged 12 years, with a view to demand ransom and otherwise to cause his death and in pursuance thereof demand for ransom was made and eventually the child, the demand having not been fulfilled, was murdered. The case of the prosecution was that on the said date while the child was proceeding towards his school, Saraswati Shishu Mandir, on a bicycle, he was accosted en route and kidnapped, leaving his satchel and bicycle behind. A wom

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