Honble K.C. SHARMA, J.–These two criminal appeals, on by appellant Sharifulla and another by Inam have been filed against the judgment of conviction and order of sentence dated 10.09.1997 passed by the learned Special Judge, scheduled Caste and Schedule Tribes (Prevention of Atrocities) Cases and Additional Sessions Judge Dausa, thereby convicting both the appellants for offence under Section 302 IPC and sentencing them to undergo life imprisonment and to pay fine of Rs. 2,000/- each. In default there to further undergo six months simple imprisonment.

(2). Briefly stated the facts of these two appeals are that on 1.1.1989 Mohan Singh P.W. 7 submitted a written report Ex. P8 at Police Station Mahuwa, District Sawai Madhopur (presently in District Dausa) mentioning therein that on 1.1.1989 at about 7.00 in the morning at some distance from their hotel number of persons had collected and on inquiry it was revealed that some person had thrown the body of unknown person in the pits on the road side. It was also mentioned the the intestines of the person are lying on the road and the body is lying in the pits on the road side. Thus, the police was requested to reach at the place of occurrence and to take legal action. On the basis of this information, FIR No. 1/89 (Ex.P16) was chalked out for offence under Section 302 IPC and investigation commenced.

(3). Having registered the FIR, police rushed to the place where dead body was lying and prepared the inquest report, Ex.P7, site plan Ex.P10 and seized he cloths of deceased vide memo Ex. P9. On 19.1.89 one Sagir Ahmed, PW 20 also submitted a typed report at Police Station Mahuwa. The accused, namely Sharifulla and Inam were apprehended by the police vide arrest memos Ex.P.21 and P.22, respectively. Accused Sharifullah furnished information, Ex.P26 under Sec. 27 of the Evidence Act and pursuant to his information, police recovered a knife vide memo Ex.P.11 Accused Sharifullah also furnished information (Ex.P.25) under Sec. 27 of the Evidence Act indicating the place where he threw the dead body of Bashir and crushed it by the truck. The police also got conducted autopsy on the dead body. In the post mortem report, the doctor who conducted post mortem examination opined that cause of death was hemorrhagic shock due to rapture of liver, spleen and kidney. After completion of investigation, police submitted a charge sheet against the appellants in the court of Judicial Magistrate, Hindaun City. The learned Magistrate, in turn, committed the case to the court of Sessions.

(4). The learned trial court, on the basis of evidence and material collected during investigation and submitted before it and after hearing counsel for the parties, framed charge under Sec. 302 IPC against the appellants. The appellants denied the charge and claimed trial.

(5). In order to prove its case, the prosecution examined as many 26 witnesses and got exhibited some documents. therefore, the accused were examined under Section 313 Cr.P.C. In defence, the accused examined one witnesses DW 1 Allamudeen.

(6). At the conclusion of trial, the learned trial court found the prosecution case as alleged proved as against the appellants and accordingly convicted and sentenced them as stated above. Hence the present appeals against conviction and sentence.

(7). We have heard learned counsel for the parties and have carefully gone through the impugned judgment, the evidence and material on record.

(8). The present case solely rests on circumstantial evidence. The circumstances put forth by the prosecution and relied upon the learned trial court may be stated below:

1. Both the appellants were employed as drivers on Truck No. USQ 565 and on 3.12.1998 the above truck loaded with goods of M/s. Anil Kumar & Sons had proceeded to Nadiyad and at that time deceased Basir was with the appellants;

2. On 12.1.89 when appellants came in the village with the truck, the deceased was not with them. When some of the witnesses enquired about deceased

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