J U D G M E N T

S. RAVINDRA BHAT, J.

1. The appellants were convicted under Sections 302 of the Indian Penal Code, 1860 (hereinafter “IPC”) and sentenced to life imprisonment as well as 7 years under Section 364, IPC and imprisonment for 5 years under Section 201, IPC. Their conviction and sentence was upheld by the Uttarakhand High Court.1 2. Haseen, aged about 7 years, was the son of Bisarat, (PW-1), a resident of Signature Not Verified Digitally sivgneidl blyage Akbarpur. He went missing on 08.10.1999. On 10.10.1999, at about NEETA SAPRA Date: 2023.04.19 Reason:

1 By judgment and order dated 05.10.2012 in Crl. No. 358/2004

16:30, the dead body of Haseen was found in the sugarcane field of Yaqub in Village Narayanpur, situated at a distance from Akbarpur, Haseen’s village. Information was sent to the Police Station Manglor. Inquest proceedings were held by ASI Dalchand, PW-6. The post-mortem was conducted on 11.10.1999 by Dr. A.K. Jain (PW-9). According to his statement, death had occurred about two days before the post-mortem examination.

3. PW-1, Bisarat moved an application under Section 156(3) Code of Criminal Procedure (hereinafter “Cr. PC”) on 19.11.1999. Based on the order of t