( 1. ) FEELING aggrieved by the judgment of conviction and order of sentence passed by the learned Sessions Judge, Chhatarpur in S. T. No. 159/88, the appellant has preferred this appeal under Section 374 of the Code of Criminal Procedure, 1973.

( 2. ) THE admitted facts are that Heera (hereinafter referred to as the deceased) was the brother-in-law of the accused/appellant. The appellants sister Ramlaxmi was married to the deceased. Sarjubai (P. W. 4) is the mother of the deceased, Mamtabai (P. W. 7) is the sister-in-law (Bhabhi) and Bhagwandas (P. W. 8) is the brother of the deceased. ( 3. ) IN brief the case of the prosecution is that on 25-8-88 complainant Bhagwandas submitted a written report at the Police Chowki, Mat-guwan stating therein that the accused took away his brother two and a half years ago under the pretext that he would arrange to get his wife back and thereafter the deceased was not seen. The complainant, thereafter searched the deceased and later on he came to know that the wife of the deceased is residing at Village Bhamori but he could not find his brother. On this report, the Police Station, Ishanagar registered the case at Crime No. 48/88 under Secti