P.B.GAJENDRA GADKAR, J.

(1) THESE two Criminal Appeals Nos. 121 and 140 of 1962, arise out of a criminal case in which the two appellants Babu Singh and Babu Lal were charged with having committed offences under s. 302 read with 8. 34 and s. 201 of the Indian Penal Code. The prosecution case against them was that on or about December 22, 1960, the two appellants murdered Mahtab Singh in furtherance of their common intention and thereby committed an offence under s. 302 read with 8.34. The case further was that on or about the day or the third week of January 1961, they did cause the evidence of the said murder to disappear by burying the dead body of Mehtab Singh and thereby committed an offence under s. 201 of the Code.

(2) THE victim Mehtab Singh was the father of the appellant Babu Singh and Babu Lal is the friend of Babu Singh. It appears that Mehtab Singh was living alone and that the relations between him and his son Babu Singh were not cordial. In fact, Mehtab Singh had complained to the police authorities that he apprehended danger from his son. The prosecution case as it was laid before the trial court was that on December 22, 1960, the two ap