( 1 ) THIS appeal, by the state, is directed against the judgment of acquittal, passed by the Additional Sessions Judge, Shajapur, in Sessions Trial No. 43/86, whereby the accused respondents have been acquitted of the offence punishable under Ss. 302, 201 and 109/34 of the IPC. , for having committed murder of Sanjay son of Basantkumar, a child aged about 12 years, between 20th September, 85 at about 11 a. m. to morning of 21-9-85 and causing disappearance of the body by severing the head leg and burning it with the help of kerosene.

( 2 ) THE brief stated facts are that Sanjay Kumar was a student of a school. On 20th September 85', as usual. He left for school at 11. 00 a. m. , but he did not come back in the evening at 5. 00 p. m. , as such a search was made by the members of the family i. e. , brother Vijay Kumar and father Basant Kumar. Thereafter, they lodged report of Gumshudgi at 10. 40 p. m. vide p/40 in police stating Susner. On 20th September 85 at about 9. 30 a. m. an information was received about the presence of a human body in a public lavatory, the same was reported by one Chaturbhujdas to the police, Shri R. N. Mishra started investigation. The bod