Swatanter Kumar, C.J.

Additional Sessions Judge, Greater Mumbai, by his judgment dated 25/26/27th October, 2004 has convicted three accused viz. (i) Geeta Keshav Shankar @ Geeta Mukesh Kharwa, (ii) Gauri Manga Kharwa @ Wagheri, and (iii) Santosh Kanti Kharwa for an offence punishable under Section 302 read with Section 34 of the Indian Penal Code and sentenced them to suffer imprisonment for life and to pay fine of Rs.1,000/ each and in default to undergo simple imprisonment for a period of six months.

2. Aggrieved from the finding of guilt and sentence awarded to the respective accused, Geeta Mukesh Kharwa, Accused No.1 and Gauri Manga Kharwa, Accused No.2 have filed Criminal Appeal No.968 of 2006, while accused No.3 Santosh Kanti Kharwa, has filed Criminal Appeal No.443 of 2006 before this Court, inter alia, claiming acquittal, but primarily on the following grounds:

(a) There is undesirable and unexplained delay of one month in registering the FIR;

(b) The judgment of the Trial Court is not based upon cogent, proper and admissible evidence. The Trial Court has opted to supply gaps in the prosecution case by surmises and conjectures. Accused Santosh was neither named i