Per Nirmal Singh Judge:

1. This appeal is directed against the judgment dated 29.07.1999 and order of conviction and sentence dated 31.07.1999 passed by learned Additional Sessions Judge, Kishatwar vide which Omkar Singh and Madan Lal appellants-accused have been convicted and sentenced to imprisonment for life and fine of Rs.4000/- (Rupees four thousand only) each under section 302/34 RPC. In default of payment of fine, the accused shall undergo simple imprisonment for four months each. The accused have been further sentenced to rigorous imprisonment for four years under section 392 R.P.C. and fine of Rs.2000/- (Rupees two thousand only) each. In default of payment of fine, the accused shall further undergo simple imprisonment for four months each.

2. The prosecution story in narrow compass is that Charan Dass complainant had employed Makhan Lal as private servant for the last more than fifteen years at his shop, who used to attend his domestic work. On 15.10.1992, he sent Makhan Lal to Padder area for the recovery of the debts from different shopkeepers, to whom he had supplied goods. Makhan Lal did not return back. Charan Dass went for the search of Makhan Lal and he made enquiry from different places. It came into his notice that Makhan Lal had collected more than Rs.50,000/- (Rupees fifty thousand) in cash from the different shopkeepers and he has also deposited a sum of Rs.57,000/- (Rupees fifty seven thousand) in the State Bank of India, Branch Kellar Pangi and Makhan Lal had got prepared four bank drafts on 24.10.1992, but the whereabouts of Makhan Lal could not be ascertained. A suspicion was created in the mind of the complainant, he lodged a missing report with the police on 14.11.1992 in Police Station, Atholi. The dead body of Makhan Lal was found near Garhmi Nallah about 600-700 meters down the hill near river Chenab, the same was sent for post mortem examination. Dr. Rajesh Kumar, Assistant Surgeon had conducted the autopsy on the dead body on 19.11.1992.

3. During the investigation, one ledger book containing 158 leaves was also found at a little distance from the dead body. The site plan was also prepared of the place of occurrence. The clay was seized vide seizure memo marked as EXPW-TCI. The accused were arrested and they made a disclosure statement that they had torn out the Bank draft into pieces and thrown down in the hill and also made disclosure statement that they had concealed the cash in a wooden box in the house of one Ram Singh. In pursuance of the disclosure statement they recovered the pieces of torn bank draft as well as cash from the specified place. After the completion of the investigation, the challan was presented before the court of Chief Judicial Magistrate, Doda and the case was committed to the Court of learned Additional Sessions Judge, Kishatwar. The accused were charge sheeted under sections 302/392/404/34 R.P.C., to which they pleaded not guilty and claimed trial.

4. To prove the case, the prosecution has examined the following witnesses, namely, Thakar Chand, Prithvi Raj, Charan Dass, Wazir Chand, Baldev Singh, Mst. Aloo, Sunder, Bhoopa Ram, Dr. Rajesh Kumar, Banarsi Dass, Zulafkar Hussain, Irsahad Ahmad, Sham Lal, Amar Nath, Karam Lal, Ghulam Nabi Mir, Jan Mohd, Gian Chand, Nizam Din, Dina Nath and Kasturi Lal.

5. When the accused were examined under Section 342 Cr.P.C., to explain the incriminating circumstances appearing in the prosecution evidence, they denied simpliciter and false implications.

6. The accused were called to lead evidence in their defence. They examined Sujan Singh and Parbat Singh.

7. After perusing the prosecution and the defence evidence, the learned Additional Sessions Judge Kishatwar found the appellants guilty and convicted and sentenced them as stated in Para 1 of the judgment. Aggrieved by which the accused filed the present appeal, where the trial court has made reference as required under section 374 of the Code of Criminal Procedure for confirmation of the

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