J. C. GUPTA, V. M. SAHAI, JJ.

( 1 ) THE above noted appellants who have been convicted and sentenced to imprisonment for life under Section 302 read with Section 34 I. P. C. to undergo R. I. for 7 years under Section 201/34 I. P. C. and to undergo R. I. for 10 years under Section 394 I. P. C. by the judgment dated. 22-3-1980 passed by the then III Addi. Sessions Judge. Fatehpur in Sessions Trial No. 227 of 1979 have preferred this appeal before this court.

( 2 ) THE case relates to the murder of Smt. Basdeia wife of Ram Asrey. P. W. 1. A written report was lodged by Ram Asrey at the police station on 17-10-1997 at 12. 20 p. m. to the effect that his wife Basdeia was not traceable since the preceding evening and despite a vigorous search having been made during night her whereabouts could not be known and that she was having some ornaments on her body. On this report case was registered and police came into action. The investigating Officer Shri Shiv Kumar Singh (P. W. 7) caught hold of Smt Salatunnisa (P. W. 4) the wife of appellant Nabi Ahmad and he got the lock of one of the rooms of her house opened by the keys provided by her. On entering that room it was noticed that some port

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