JUDGMENT :

ABHAY S. OKA, J.

1. The Sessions Court convicted the appellant-accused for the offences punishable under Sections 302 and 201 read with Section 34 of the Indian Penal Code, 1860 (for short, ‘IPC’). He was sentenced to undergo life imprisonment for the offence punishable under Section 302 read with Section 34 of IPC. He was sentenced to undergo rigorous imprisonment for three years for the offence punishable under Section 201 read with Section 34 of IPC. His conviction and sentence have been confirmed by the High Court by the impugned judgment.

2. One Chander Bhushan (PW-10) is the complainant. He is the brother of the deceased Vidya Sagar alias Bhushan. He complained that at about 02:00 p.m. on 17th February 2004, the deceased had gone to the factory by his motorcycle but did not return. Therefore, on 22nd February 2004, the complainant filed a missing complaint.

3. The prosecution’s case is that on 17th February 2004, the deceased and the appellant consumed liquor. Thereafter, the appellant accompanied the deceased on his motorcycle. The appellant was driving the motorcycle, and the deceased was a pillion rider. The motorcycle met with a minor accident in which Pyare Lal (P