Mohammad Yaqoob Mir, J.

1. This appeal is directed against the judgment passed by the trial court (learned Sessions Judge, Shopian) dated 08.10.2013 whereby all the appellants have been convicted for having committed offence punishable under Section 302 read with Section 34 RPC and is also against the order dated 14.10.2013 where-under accused persons have been sentenced to rigorous imprisonment for life and fine of Rs. 50,000/- each; in default of payment of fine to undergo rigorous imprisonment of further one year. In case fine is deposited same be paid as compensation to the widow of the deceased, if alive, otherwise to the legal heirs of the deceased. After recording conviction and awarding sentence, the learned trial court has submitted the proceedings for confirmation of the sentence of life imprisonment as awarded. Same is registered as Criminal Reference No.08/2013. According to learned counsel appearing for the appellants, the trial court has recorded the lengthy judgment but in the process has missed to notice the major contradictions. On unfounded-basis has convicted the appellants when they were totally innocent. According to learned Dy. AG, well reasoned judgment, on proper appreciation of the evidence, has been recorded by the learned trial court. In a well planned manner murder has been committed, therefore, the judgment under challenge does not warrant any interference.

2. In support of the rival submissions both, learned counsel for the appellants as well as learned Dy. AG took us through the evidence and also the position of the law.

3. The prosecution case as unfolded is that on 01.06.2007 Mohammad Yasin Wani (deceased) had gone to the local mosque for offering late evening prayers (hereinafter referred as 'Nimazi Isha') [Note:- "during summers particularly in the month of June same is offered normally after 9 PM]. When he did not return back till late his son namely Arshad Ahmad Wani (PW-2) lodged a report with the police station Shopian that his father on 01.06.2007 for offering the 'Nimazi Isha' went to the local mosque located in the Mohalla and when his father did not return back till late he along-with the neighbours left for his search, while reaching the mosque he found his father drenched in blood; some unknown persons with criminal intent had smashed his head with some sharp edged weapon as a result whereof he died. The dead-body of the deceased is lying inside the mosque, therefore, action may be taken. On the basis of this report at about 10 P.M. on 01.06.2007 case has been registered as FIR No. 92/2007 and the investigation was entrusted to Shri Assadullah, Sub-Inspector (PW-25). While reaching to the place of occurrence police took the custody of the dead-body of the deceased, same was photographed; injury memo, site plan were prepared; blood stains were collected from the spot on the cotton and white cloth pieces, same were seized and seizure memo was prepared. A piece of thermocool having blood stains was also seized on spot; iron bolt used as seal for seizure of these articles was also seized. In addition one lantern(candle) which was lying near the dead-body on spot was seized. One Danda (stick) made of 'kikar' wood which was outside the door of the mosque was seized as weapon of offence. Dead-body was taken to Sub District Hospital, Shopian for postmortem which was conducted by Dr. Nazir Ahmad (PW-22). During the postmortem blood sample was taken from the dead-body and the blood grouping was conducted by Laboratory Technician Mr. Javid Iqbal Malik posted in SDH Shopian. Wearing apparels of the deceased were also seized which include his trouser, shirt, sweater, Phiran (cloak) which contained blood stains. The seized articles were sent to FSL for examination. Statement of the witnesses was recorded under Sections 161 and 164 Cr. PC.

4. According to Investigating Officer during the investigation it surfaced that the engagement of daughter of the deceased with Mukhtar Ahmad Wani son of