Hon'ble Rajan Roy,J.

Hon'ble Manish Kumar Nigam,J.

(Per : 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 that necessary action be taken.

3. After recovery of the body, post mortem was conducted on 02.11.2009 (Ex. Ka-3A), thereafter a G.D. entry (Ex. Ka-12) was made with Case Crime No. 1341 of 2009 under Section 302 & 201 I.P.C.

4. Another written complaint (Ex. Ka-1) was submitted by the informant Mahesh on 18.11.2009 to the In-charge of Police Station Gola, District Lakhimpur Khiri to the effect that on

18.11.2009, accused Nangu @ Ram Babu came to cousin brother of the informant namely Rajesh Kumar and said that he had committed a huge mistake, under the influence of liquor and ganja, he had taken Ankur in the bushes for the purposes of sodomizing and on hue and cry made by Ankur, he had killed him and after taking off the clothes from the body he had disposed of the dead body of Ankur in the pond. It was further stated that Nangu @ Ram Babu said to his cousin brother that he may take money and get the matter settled with Mahesh. Therefore, the informant has stated that he has full confidence that his son Ankur has been murdered by Nangu @ Ram Babu and he may be sent to jail.

5. After the First Information Report was lodged, the Police investigated the crime and after collecting the evidence, a charge-

sheet Ex. Ka-7 was submitted under Section 173(2) Cr.P.C. against Nangu @ Ram Babu under Section 302, 201 & 377 read with Section 511 I.P.C. The learned Magistrate after taking cognizance and complying with the provisions of Section 207 Cr.P.C.

committed the case for trial to the court of Sessions. On

09.02.2011, accused Nangu @ Rambabu was charged under Section Section 302, 201 & 377 read with Section 511 I.P.C.

During the trial, statement of seven persons were recorded by the prosecution namely Mahesh (father of the deceased Ankur) PW-1, Rajesh Kumar PW-2, Dr. S. P. Singh (doctor who had conducted post mortem of the deceased) PW-3, Dr. A. K. Sharma PW-4, Ram Narayan Singh PW-5, S.I. Manoj Kumar Yadav PW-6 and Shahabuddin PW-7. Statement of accused namely Nangu @ Rambabu was recorded under Section 313 Cr.P.C.

6. The prosecution produced written complaint Ex. Ka-1, Inquest report Ex. Ka-2, Recovery Memo Ex. Ka-3, Post Mortem Report Ex. Ka-3A, Pathology report Ex. Ka-4, Site plan Ex. Ka-5, Charge Sheet Ex. Ka-6, Photograph Deadbody Ex. Ka-7, Memo of Deadbody Challan Ex. Ka-8, Specimen Mohar Ex Ka-9, Letter to C.M.O. Ex. Ka-10, Police Station Report Ex. Ka-11, Copy of G.D. Report Ex. Ka-12 and written report Ex. Ka-13 as documentary evidence.

7. After considering the entire evidence, the learned Sessions Judge convicted the accused Nangu @ Rambabu under Section 302 I.P.C. and sentenced the accused/appellant wit