Vipul M. Pancholi, J.—The present appeal, filed under Sections- 374(2) and 389(1) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ‘Code’), arises out of the judgment of conviction dated 21.08.2017 and the order of sentence dated 25.08.2017 passed by learned Additional Sessions Judge, XIV, Muzaffarpur, in S.T. No.114 of 2006, arising out of Karja P.S. Case No.88 of 2005, whereby and whereunder the appellants have been convicted for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code (hereinafter referred to as ‘IPC’) and have been sentenced to undergo imprisonment for life and a fine of Rs. 5,000/- each for the offence under Section 302 of IPC, rigorous imprisonment for three years and a fine of Rs. 5000/- each for the offence under Section 201 of IPC. In default of payment of fine, they have been ordered to undergo three months simple imprisonment each. All the sentences have been ordered to run concurrently and period spent under trial will be counted under sentences.

2. The prosecution story in brief is as under:—

2.1. The prosecution case is based on the fardbeyan of the informant Jaffar Alam, recorded by the Officer-In- Charge of Karja Police Station on 30.06.2005, at about 14.10 hours, that on 27.06.05, a baraat arrived at his village and his son Naqui Alam, after taking meal, left the house at 8:00 O'clock to see that baraat. Though the baraat returned, his son did not return by 10 o'clock in the night. All the family members started making inquiry about him from their relatives, neighbours, and the persons, who arrived at the baraat, and other acquaintances, but could not find his whereabouts. On the next day, i.e., on 28.06.2005, a Sanha with regard to missing of child was got entered in the police station diary, while keeping the search on. It is further stated in the fard-beyan that in course of search, one person informed the informant that his son was seen standing near the baraat procession where besides him, his co-villagers Abdul Alim, Md. Mansur and Sarfaraj Alam were also present there, closely following his son. At some distance, Aftab Alam, Md. Kalam and Sarfuddin @ Rudal, all co-villagers, were also present. It is further stated in the fard-beyan that a case is already going on between the aforesaid persons and the informant as the nephew of the informant, namely, Md. Chand, had been murdered by the said persons in the year 2003, in which case Abdul Alim, Sarfaraj Alam, Md. Kalam and Sarfuddin were accused and evidence was to be adduced in the said case. It is further stated that some days ago, Alim, Sarfaraj Alam and Kalam warned the informant of dire consequences, if that case was not settled, to which he did not pay heed and continued his daily work as usual as he did not apprehend that any such untoward occurrence might happen. On 30.06.05, the villagers of the village Ziun raised an alarm that a decomposed dead body has been found in the bush near the pond of the Chawar situated to the south to the village Vishunpur. Upon hearing hulla, the informant also reached there and saw the dead body dumped in the pond, which was that of his son Naqui Alam. The dead body was in decomposed state and acid had been poured on it, muscle of both legs and stomach were in decomposed state. Apart from that, fingers of the right hand had been severed and foul smell was emanating from the dead body. A part of the body also got disappeared so as to conceal the identity and destroy the evidence. It is further stated that upon seeing the dead body of his son and for the reason that those people had been roaming around his son, he realized that his son was kidnapped and eliminated because he did not yield to the pressure of settling the ongoing case from members of the Baraat by Abdul Alim, Aftab Alam, Sarfaraj Alam, Md. Mansur, Md. Kalam and Sarafuddin @ Rudal and others. After taking his son to Chawar and finding the deserted place there, they had killed him in the pond and t