The main legal point established in the judgment is the reliance on the last seen theory, previous enmity, and motive to uphold the conviction of the appellants for causing homicidal death and concealing the evidence of the criminal case.

N.K.AGARWAL, J.

(1) Criminal Appeal No. 25/2000 filed by appellant Indel and Criminal Appeal No. 283/2001 filed by appellants Pooran Singh and Chirounjilal are arising out of the judgment of conviction and order of sentence dated 9-9-2000 passed by the Additional Sessions Judge, Dhamtari in Sessions Trial No. 415/99, therefore, they are being disposed of by this common judgment.

(2) By the impugned judgment of conviction and order of sentence, learned Additional Sessions Judge after holding the appellants guilty for causing homicidal death of Ramanlal Yadu amounting to murder and concealing the evidence of criminal case, convicted them under Sections 302 read with Section 34 and Section 201 of the Indian Penal Code (briefly, 'I.P.C.') and sentenced each of them to undergo imprisonment for life. However, co-accused Rohit Kumar has been acquitted of the charge.

The prosecution case, in brief, is that on information given by Pyarelal Yadu (P.W.8), Merg Intimation (Ex. P-9) was recorded that Pyarelal (P.W. 8) lodged a missing report on 14-7-99 of his brother Ramanlal Yadu. During investigation of the missing report, accused/appellants Indal Kumar, Puran Singh and Chirounjilal surrendered before the police and on their information, dead body of deceased Ramanlal Yadu was recovered. The Investigating Officer (P.W.12) recorded Dehati Nalishi (Ex. P-10) that during investigation of missing report lodged by P.W. 8 Pyarelal, information was received through a wireless message that on 12-7-99 at about 11.00 p.m. Chirounjilal, Indal Kumar, Puran Dhruw and Rohit Kumar have killed Raman Kumar because of quarrel with him in drunken condition and have buried the body in a field of Sakharam and except Rohit Kumar, other three accused persons have surrendered. On interrogation, they disclosed that they along with co-accused Rohit Kumar on account of quarrel with him relating to money of liquor have killed Ramanlal by strangulation and buried the body in bund between the fields of Sakharam and Pancham. Disclosure statements of the accused Rohit Kumar, Chironjilal, Indal and Pooran Singh under Section 27 of the Evidence Act were recorded vide Ex. P-l,P-14, P-15 and P-l6 respectively. One spade and sand were seized on disclosure statement of co-accused Rohit Kumar from the house of accused Chironjilal vide Ex. P-2. The dead body of Ramanlal Yadu was recovered after digging the bund between the fields of Sakharam and Panchram upon the disclosure statement made by appellants Indal, Chironjilal and Pooran Singh. F.I.R. was recorded vide Ex. P-8. The Investigating Officer left for the place. After summoning the witnesses vide Ex. P-5, dead body was recovered in presence of Executive Magistrate from the bund between the fields of Sakharam and Panchram, inquest over the dead body was prepared vide Ex. P-6 whereby the dead body recovered was identified as dead body of Ramanlal Yadu. Panchnama of spot where the dead body was found was prepared vide Ex. P-3. The autopsy was done at the same place where the body was recovered vide Ex. D-2 by a team of doctors namely Dr. Y. K. Singh and Dr. A. Rasheed, who found following symptoms and injuries over the body of the deceased:-Hairs of scalp were easily pluckable. Eyes were protruded out of eyeball. Tongue was swollen and protruded and was between teeth. Whole body was swollen. Rigor Mortis passed away from upper and lower part. Cuticle easily peels off. Rectum was protruded. Both chambers of heart were empty. Stomach was empty.

i. Multiple bruises brownish bluish present in lower extremities of both legs. ii. Two lacerated wounds in 2 cm distance were present in right hand. iii. Multiple bruises present over chest of various sizes. iv. Bruises over back of waist. v. Multiple bruises found over neck both sides and interiorly. vi. Both cornu of hyoid bone fractured. vii. Cartilage of thyroid fractured. In the opinion of the doctor, mode of the death was asphyxia due to throttling (strangulation) and the