Alok Kumar Pandey, J. – Before beginning the discussion in the present appeal, it is necessary to state that one of the appellants/Ajit Tiwari has claimed his juvenility on the date of the occurrence. A Co-ordinate Division Bench vide order dated 22.06.2017 directed the Juvenile Justice Board, Nawada to enquire into the claim of the appellant as per law after noticing the informant of the present case. In pursuance of order dated 22.06.2017, the Juvenile Justice Board, Nawada held enquiry with regard to the claim of juvenility of appellant/Ajit Tiwari. The Principal Magistrate, Juvenile Justice Board, Nawada reported that the appellant/Ajit Tiwari was a juvenile on the date of the occurrence i.e. 26.07.2007 as per statutory provision and on the basis of said enquiry report based on relevant statutory provision, co-ordinate Division Bench of this Court vide order dated 19.12.2018 granted bail to him.

2. Since the appellant/Ajit Tiwari (juvenile) has also challenged the impugned judgment and order of conviction and sentence, it is necessary to hear out his appeal alongwith the case of appellant/Dinesh Tiwari.

3. This appeal is directed against the judgment of conviction dated 21.02.2015 and order of sentence dated 25.02.2015 passed by learned Additional Sessions Judge-II, Nawada in Sessions Trial No. 85 of 2008/ 157 of 2014 arising out of Warisaliganj P.S. Case No. 78 of 2007, whereby the appellants have been held guilty for the offences punishable under Sections 302/201/34 of the Indian Penal Code (hereinafter referred to as 'I.P.C.') and have been sentenced to undergo imprisonment for life, to pay a fine of Rs.10,000/- each under Sections 302/34 of the I.P.C.; rigorous imprisonment for three years, to pay a fine of Rs.5,000/- each under Section 201/34 of the I.P.C. In default of payment of fine, the appellants have been directed to suffer further one year rigorous imprisonment. The sentences, however, have been ordered to run concurrently.

4. According to the fardbeyan (Ext.1/1) of the informant /Lallan Paswan (PW-3) who is the Chowkidar of village-Saur, the occurrence took place on 26.07.2007 at about 8:00 PM for which fardbeyan was recorded by S.I., P. Kant of Warsaliganj police station on 27.07.2007 at 01:15 hours at village Saur whereafter the FIR was registered.

5. The prosecution case, in brief, is that on the fateful day i.e. on 26.07.2007 at about 8:00 PM, hulla was heard in the village-Saur that the appellants/Dinesh Tiwari and Ajit Tiwari have committed the murder of wife of late Mithu Tiwari by pressing her neck and have thrown the dead body in the village well. It has been claimed by the informant that when he reached near the house of appellant/Dinesh Tiwari, village people had gathered there who were taking out the dead body from the well. He came to learn that the reason behind the occurrence was an attempt to usurping the property situated at Hosiarpur in Punjab which was in the name of deceased. It was specifically stated that villagers are the witnesses of the said occurrence.

6. On the basis of the fardbeyan of the informant/Lallan Paswan, Warsaliganj P.S. Case No.78/07 dated 27.07.2007 was registered under Sections 302, 201, 34 of the Indian Penal Code. Routine investigation followed. The statement of the witnesses came to be recorded and on completion of the investigation, the appellants were charge-sheeted under Sections 302, 201/34 of the I.P.C., whereafter cognizance was taken against the appellants under the aforesaid sections. The learned Trial court was pleased to frame charges against the appellants under Sections 302/34 and 201/34 of the I.P.C. Charges were read over and explained to the appellants to which they pleaded not guilty and claimed to be tried.

7. In order to bring home the guilt of the appellants, prosecution has examined altogether thirteen witnesses. PW-1 Vinod Kumar, PW-2 Parmanand Singh, PW-3 Lallan Paswan/informant, PW-4 Naresh Tiwari, PW-5 Bipin Tiwari, PW-6 Awadhesh Tiwari, PW-7 Krishn