JUDGMENT :

K. VINOD CHANDRAN, J.

The son of the de-facto complainant found missing from the evening of 31.10.2012, turned up dead on the next day in a field, head down with the legs sticking up from a ditch. His three companions of the previous day found drinking and roaming around were rounded up and arrayed as accused. The prosecution went to trial with the circumstances of the last seen together theory, extra-judicial confession, recovery of the objects used as weapons & a motorbike, seizures from the place of occurrence, oral testimonies and the serological report. The trial court convicted the accused and sentenced them, which was confirmed by the High Court. Two out of the three accused are before us in appeal i.e. the first and second accused, the third having not filed an appeal.

2. We have heard Ms. Ashima Mandla, learned Counsel appearing for the appellant and Ms. Shraddha Chirania, learned Counsel appearing for the respondent who also filed written notes of submissions.

3. Before the trial court, sixteen witnesses were examined and 40 exhibits were marked, which included documents. The trial court found from the last seen together theory, extra-judicial confession; both spok