JUDGMENT :

A.M. Khanwilkar, J.

1. This appeal emanates from the judgment and order passed by the High Court of Judicature at Allahabad dated 30th July, 2009 in Criminal Appeal No.1631 of 2008, whereby the High Court upheld the conviction recorded against the appellants for an offence punishable under Section 302 of the Indian Penal Code (IPC) but converted the sentence of death into imprisonment for life with fine, and confirmed the conviction under Section 201 of the IPC and sentence of 2 years’ imprisonment and fine, as awarded by the Additional Sessions Judge/Special Judge, J.P. Nagar in Sessions Trial No. 155/2004.

2. Briefly stated, one Shababul (PW7) gave information to the Police Station, Dedoli on 24th January, 2004 about one Zahida Begum, the second wife of appellant No.3, Akhtar Mohammad, son of Munshi, and their son Ishlam (aged about 11 years) who had gone missing from the village for the last two months, despite which their family members had not reported the matter to the police. The appellant Nos.1 and 2, Asar Mohammad and Asraf Mohammad respectively, are the two sons of appellant No.3 Akhtar Mohammad, from his first wife. Thus, deceased Zahida Begum is the step mother