- (1.)The appellants in these two separate appeals challenge the impugned judgment and order dated 16.5.2006 passed by the High Court of Uttranchal whereby the High Court has been pleased to confirm the conviction and sentence of the appellant to undergo life imprisonment u/s 302 IPC and further sentence of four years rigorous imprisonment u/s 201 IPC.
(2.)The appellants were charged for committing murder of 5 years old boy named Bharat Singh. As per the prosecution version, Bharat Singh was the grandson of Ram Singh. Ram Singh was grazing the cattle on 15.10.1982. At about 1.30 p.m. on that day, he instructed his grandson Bharat Singh (the deceased) to look after the cattle as he was going to his house for lunch. The boy obeyed the instructions of his grandfather and started grazing the cattle. After some time, when Ram Singh came back from his house, he found the boy missing. He called out his grandson by name but without any response. On this, Ram Singh along with his son Pratap Singh (Uncle of missing boy and the complainant) started their search for the boy. When the boy was not traced till evening Pratap Singh (PW-4) even informed the Patwari (Revenue Officer) about this. He also joined the father and grandfather in searching the missing boy. The search went on till late night but with no results. However, when the search began next morning i.e. on 16.10.1982, at about 11.00 a.m. the dead body of the boy Bharat Singh was found lying in a cave. FIR No.A-5 was lodged with the Patwari in which Diwan Singh son of Nathu Singh, Ramesh Singh s/o Diwan Singh and Diwan Singh s/o Mahendra Singh were named on suspicion by the complainant. The dead body was taken into custody by Patwari (PW-5) who prepared the inquest report (Ex.A6), sketch of the dead body (Ex.A-7) and the sample seal (Ex.A-10). At about 3.10 P.M. on 18.10.1982 the autopsy was conducted of the deceased Bharat Singh by Dr.C.B.Pal (PW-2) in the district Headquarters at Pithoragarh who prepared the post-mortem report (Ex.A1). The said Medical Officer found following ante mortem injuries on the body of the deceased:
a. Legature marking 2.5 cm. in bredth encircling the next transversely and obliquely. The whole of the legature mark depressed encircling upto back of both ears, knot on the left side.

b. Lacerated wound on the back of head measuring 3.5 cm. x 1 cm. x bone deep.

c. Abrasion mark measuring 3.5. cm x 0.5 cm. obliquely on the left side of the forehead.

d. Contusion mark measuring 5 cm x 2 cm on the anterior part of left axial.

e. Multiple contusion and abrasion mark present all over the body.

f. Contusion mark 4 cm x (six) just below the chin.

(3.)The Investigation Officer after investigation, submitted the charge- sheet (Ex.A-17) on 29.1.1983 against four accused persons namely Ramesh Singh s/o Diwan Singh (S/o Mahendra Singh), Diwan Singh s/o Mahendra Singh, Diwan Singh s/o Nathu Singh, Tara Singh s/o Diwan Singh s/o Nathu Singh. The name of appellant Tara Singh figured in the charge sheet, though in the FIR it was not mentioned.