M.C.JAIN, J. - (1.) This appeal has been preferred by the accused-appellant Jai Prakash against the judgment and order dated 18-11-1980 passed by Sri S.M.A. Khusro, the then III Additional Sessions Judge, Aligarh in Sessions Trial No. 391 of 1979 convicting the accused-appellant under Section 302, I.P.C., 364, I.P.C. and 201, I.P.C. He has been awarded life imprisonment under Section 302, I.P.C. and 364, I.P.C. Five years' rigorous imprisonment has been awarded under Section 201, I.P.C. All the sentences have been ordered to run concurrently.
(2.) The victim of the offence was one Pappu alias Nuruddin aged about 7 years son of Allahdin PW-2. The incident took place on 21-2-1978 at about 9 a.m. in village Agsauli, Police Station Sikdndra Rao, District Aligarh. The first information report was lodged by Allahdin PW-2 on 21-2-1978 at 9.10 p.m. The distance of the village of occurrence from the Police Station was about six miles. The prosecution case, as per the first information report and the evidence adduced, was that the accused-appellant was the next door neighbour of Allahdin PW-2. The latter had a daughter Amina PW-8 aged about 14-15 years. The accused-appellant had developed fancy for Amina and was after her. He used to follow her to achieve his purpose. She had told about it to her parents. In order to ward off him, she used to take her younger brother Pappu alias Nuruddin while going out as per the instructions of her parents. About a few days before the incident, she had gone to ease herself in a nearby field a little before sunset. She had been accompanied by her brother Nuruddin. Despite that, the accused-appellant reached the spot where she was easing herself, caught hold of her hands and tried to drag her into the field. She raised an alarm whereupon Nuruddin came there immediately from the 'Mend' of the field where he was sitting while his sister was easing herself. The accused-appellant retreated after mouthing abuses for Nuruddin. This was allegedly the motive for the murder of Nuruddin by the accused-appellant.
(3.) In the morning of 21-2-1978 the accused-appellant was found talking with the deceased at about 9 O'clock in front of his house where he was playing. The accused-appellant allegedly took him with him and thereafter Nuruddin was not seen and his dead-body was recovered in the night from a well. Natthu Singh PW-4 had allegedly seen the same forenoon the deceased Nuruddin going on a cycle with the accused-appellant. Smt. Khatoon PW-3 mother of the victim Nuruddin had also seen Nuruddin with the accused-appellant outside her house at about 9 a.m. She had also seen him going with him. Thereafter, only his dead-body could be recovered from a well. Amina PW-8 had also seen Nuruddin talking with the accused-appellant outside her house in the morning of the day of the incident. Allahdin PW-2 had gone to Hathras to sell iron nails and had returned home at about 5 p.m. His wife Smt. Khatoon PW-3 had then told him that Nuruddin had not been seen since morning and that the accused-appellant had taken him. He was also informed by Natthu Singh PW-4 and others that they had seen the deceased going on a cycle with the accused-appellant. He had then lodged the report the same night at 9.10 p.m.;