- (1.) The appellant has filed this appeal against the judgment dated November 23, 2004, passed by a Division Bench of High Court of Uttaranchal at Nainital confirming the conviction and sentence for life in respect of the offence punishable under Section 302 of the Indian Penal Code [for short "the IPC"] and further rigorous imprisonment for seven years under Section 201, IPC, awarded by the Sessions Judge, Dehradun, in Sessions Trial No. 77/79.
(2.) Brief facts, which led to the trial of the accused, are as follows:- Appellant-Yogesh Narain Saxena is a permanent resident of Jabalpur. He was employed as Junior Electrician in Hydel Department at Dak Pathhar, P.S. Vikas Nagar, District Dehradun. The appellant for the last about 5-6 years prior to the date of occurrence, i.e. 24.7.1979, was living in Quarter No. 5(B), Gol Market, Dak Pathhar. Sunder Lal (P.W.3) along with his three brothers, namely, Rajesh Kumar (P.W.4), Gopal Krishna and Pradeep Kumar, were also living in the nearby quarter at Gol Market. They were running small shops in front of their quarters.
(3.) Sandeep alias Bunti, son of Sunder Lal (P.W.3), aged about 10= years, was a student of Class VI. He was taking tuition from Surender Singh Patia (P.W.1). In the evening of 24.7.1979, Sandeep had gone to the house of P.W.1 for taking his routine lessons from P.W. 1. He came back to his home after about one hour but again he went back to the house of P.W. 1 to collect his inkpot which he by mistake left there. Sandeep did not return to his home till about 9.00 p.m. P.W.3, P.W.4 and other family members in the company of neighbourers proceeded in search of Sandeep but he could not be traced anywhere. P.W. 4 at 9.45 p.m. lodged a missing report of Sandeep at Police Out-post. Sub-Inspector Jeet Singh (P.W.8) along with three Constables immediately reached Gol Market. They cordoned the area and initiated search of Sandeep throughout the night in the market and nearby places. According to the prosecution, the accused had cordial and friendly relations with P.W. 3 being a neighbourer, but he did not show any interest for searching the missing boy.;