JUDGMENT

Usha Mehra, J. - Rakesh Patel @ Pappi, appellant in this appeal, Chander Prakash @ Chander, appellant in Crl. A. No. 172/95 and Anil Kumar appellant in Crl, A. No. 186/95 have assailed the order of conviction and sentence dated 28th July, 1995 passed by learned Additional Sessions Judge thereby imposing rigorous imprisonment for life to them and a fine of Rs. 75,000/- on appellant Rakesh Patel. Rs. 15.000/- on Chander Prakash and Rs. 10,000/- on Anil Kumar. In default of payment of fine they have to undergo further rigorous imprisonment for three years under Section 302 read with Section 120-B, IPC. Since these appeals have arisen from a common judgment based on same facts hence these appeals were heard together and are going to be disposed of by common order.

2. The conviction and sentence has been assailed by the appellants on the grounds that: (1) Mere last seen circumstance is no ground to presume that the deceased was killed by the appellant; (2) Extra judicial confession by one accused could not be used against the other co-accused; (3) Recovery of alleged dagger doubtful; (4) Identity of the accused not disclosed by the author of the FIR; (5) Name of Pappi was given without disclosing the identity of the said Pappi; (6) there had been material contradictions in the statements of witnesses; (7) Author of FIR i.e. father of the deceased Chunni Lal PW 7 has not supported the case of the prosecution; (8) that the seals "IS" and "CH" did not belong to the investigating team hence sealing of articles doubtful. It has not been explained wherefrom these seals came; (9) There was violation of Police Rules and lastly; (10) In this case Investigating Officer concealed true facts.

3. In order to appreciate the challenge we must acquaint ourselves with the facts of the case. Facts as put up by the prosecution are that on 27th December, 1990, accused Rakesh Patel @ Pappi enquired from Master Lalit PW9 younger brother of the deceased the name of his sister as well as their Jhuggi number. This fact in turn was told by Master Lalit PW 9 to his mother Smt. Santosh PW 2. Smt. Santosh did not like this enquiry made by accused Rakesh Patel @ Pappi. She therefore, went to Pappi's house to find out the reason for such an enquiry. When Smt. Santosh PW 2 questioned accused Pappi on this aspect he felt offended. He used harsh language against her. After having come back, Smt. Santosh PW 2 told her son Raju the deceased as to what transpired at the house of accused Pappi. At about 6.00 p.m. Raju the deceased went to the house of accused Pappi. There hot words were exchanged between deceased Raju and accused Pappi. Deceased Raju slapped accused Pappi. That on the intervention of Mr. Chunni Lal PW 7 father of deceased, matter was sorted out. On the following day i.e. 29th December, 1990 when Chunni Lal (PW 7), Smt. Santosh (PW 2), Raju (deceased) and Shyam Lal (PW 6) were present at home, Chander Prakash accused came to call deceased Raju at deceased's house. Raju the deceased went with accused Chander Prakash. Because of' previous day's incident Smt. Santosh PW 2 asked her husband PW 7 & her brother PW 6 to follow Raju the deceased. She knew that Chander Prakash was friend of accused Pappi, hence she suspected that something may not happen to Raju. Accordingly, Chunni Lal (PW 7) (father of the deceased) and Shyam Lal (PW 6) (uncle of deceased) went after Raju. As soon as they reached on the main road at Lakhi Park they saw accused Chander Prakash and accused Rakesh Patel @ Pappi fighting with deceased Raju. Rakesh Patel @ Pappi shouted to accused Chander Prakash to catch hold of Raju (the deceased) and told that deceased Raju be not permitted to escape. They heard accused Pappi saying PAKAR SAALE KO AAJ ISKO THAPPAR MARNE KA MAJA CHAKHA DETA HOON" (Catch hold of the bastard and 1 would teach him a lesson for having slapped). That Raju should not be allowed to escape. On account of this exhortation by accused Pappi, the accused Chander Pra