Pritinker Diwaker, J.

1. This appeal arises out of the judgment of conviction and order of sentence dated 11.2.2011 passed by the Sessions Judge, Koria (Baikunthpur) in S.T. No. 117/2008 convicting appellant No. 1 under Sections 302 and 201 of IPC and sentencing him to undergo imprisonment for life and RI for three months respectively and appellant No. 2 under Sections 201 and 202 of IPC and sentencing him to undergo RI for three years and RI for six months respectively.

2. In the present case, name of the deceased is Shweta @ Guddi Pandey, sister of accused/appellant No. 1 Varun Kumar Pandey and daughter of accused/appellant No. 2 Gorakhnath Pandey. It is alleged that on 9.7.2008 as Shweta had not cooked food, in the mid night accused No. 1 first beat her and then after pressing her neck committed her murder. It is further alleged that a pit was dug by accused No. 1 in the courtyard of his house, salt was put into it and the dead body was buried there after breaking the left arm of the deceased with a spade. Further case of the prosecution is that on 12.7.2008 in the mid night, accused No. 1 took out the dead body from that pit, tied it up, took it to a nearby well and after digging a pit buried the same there and covered that area with polythene and leaves. He also threw the spade used for burial into the bushes. On 13.7.2008 the dead body was noticed by PW-8 Pankaj Verma, information was given to the police and based on which merg intimation Ex.P/8 was recorded on 13.7.2008.

In the meanwhile, on 11.7.2008 a missing report (Ex.P/18C) was lodged by accused No. 2 informing the police that the deceased had been missing since 8.7.2008. Memorandum of the accused No. 1 Varun Kumar was recorded on 15.7.2008 vide Ex.P/9, based on which seizure of spade was effected from the spot vide Ex.P/10. From the place where the dead body was initially buried, a dry stick of blackberry, one ear top, bunch of hair, key ring, bra, inner wear etc. were seized vide Ex.P/11. As per FSL report Ex.P/27, the ear top seized from the spot and the one found on the body of the deceased are of similar characteristic. On 15.7.2008 dead body identification and recovery panchanama was prepared vide Ex.P/1 and as per said panchanama, accused No. 1 disclosed that the dead body is of his sister Shweta Pandey. Inquest on the dead body was conducted vide Ex.P/4 on 15.7.2008 and thereafter the dead body was sent for postmortem which was conducted on the same day by PW-7 Dr. GD Baghel vide Ex.P/7, who noticed that skull was denuded over face, eye socket empty; upper inciser teeth fallen off; tongue protruded; maggots present on various parts of body; 2nd, 3rd, 4th ribs exposed on left side of chest, rest of skin and sub-cutaneous tissues soponiphicated; left humurus bone of left hand fractured and folded towards neck; lacerated wound over left forearm with underlying bone exposed and contusion over neck. According to the doctor, putrefaction was in advance stage and fracture of humurus bone was serious in nature. In his opinion, the cause of death was asphyxia due to throttling and the death was homicidal in nature. After postmortem being done, the dead body was received by accused No. 2 Gorakhnath on supurdnama for performing last rites vide Ex.P/5.

After merg enquiry, FIR (Ex.P/21) was registered on 16.7.2008 against the appellants under Sections 302 and 201 of IPC. While framing charge, the trial Judge framed charges under Sections 302 and 201 of IPC against accused No. 1 Varun Kumar and 302/201 and 202 of IPC against accused No. 2 Gorakhnath.

3. So as to hold the accused/appellants guilty, the prosecution examined 17 witnesses in all. Statements of the accused were also recorded under Section 313 of Cr.P.C. in which they denied the circumstances appearing against them in the prosecution case, pleaded innocence and false implication.

4. The trial Court after hearing counsel for the respective parties and considering the material available on record, by the imp