Hon’ble Vinod Prasad, J.—Appellants Jit Singh (A-1) son of Sukua Gaud and Dayali (A-2) son of Hem Raj, both r/o village Bagharu, P.S. Duddhi, District Mirzapur, are aggrieved by the impugned judgment and order dated 21.10.1986 passed by Sessions Judge, Mirzapur recorded in S.T. No. 225 of 1985, State of U.P. v. Jit Singh and another, convicting both the appellants under Section 302/34 I.P.C. and sentencing them to serve life imprisonment therefor and therefore have filed this appeal.

2. Unfolded prosecution allegations, as are discernible from the oral FIR Ext. Ka-1 and testified during the trial by the prosecution fact witnesses, informant Ram Ratan P.W. 2, Dasrath P.W. 2 and Bansidhar P.W. 3, are that motivated by a lost Court case with Dev Swaroop (deceased /father of informant RamRatan) that both the appellants, on 21.8.1985 at 9 a.m. assaulted Dev Swaroop (deceased) near the field of Ram Baran with spade and club(lathi) and caused him injuries, mostly on his upper and lower limbs. Dev Swaroop (injured/deceased) squatted on the ground sustaining inflicted injuries but even then he was belaboured by club. Injured shrieks attracted informant Ram Ratan P.W. 1, Dasrath P.W. 2, Bansidhar P.W. 3 and other co-villagers at the assault scene, who had witnessed the belaboring of Dev Swaroop. Intervention by the witnesses and their attempt to apprehend the miscreants, forced both the appellants to leave the incident spot intimidating and threatening the witnesses. In an injured condition, Dev Swaroop, when was being carried to the hospital, midway, near Duddhi market, lost the battle of his life and died.

Ram Ratan, informant/PW 1, son of the deceased, immediately rushed to the police station Duddhi at a distance of 7 KMs, alongwith corpse of the deceased, where he orally dictated FIR to HM Shyam Bihari Singh P.W. 6, who slated it by registering the crime at 11.45 a.m. and preparing chik FIR Ext. Ka-1 and GD entry Ext. Ka-3. Special report regarding the crime was dispatched the same day at 12.45 p.m. through constables Lallan Rai and Lallan Bharti vide Rapat No. 17 Ext. Ka-4.

3. SSI Shivdhari Singh, PW 7, in whose presence the crime was registered set afoot the investigation, copied the chik FIR and GD entry and dispatched SI Jagdish Singh and constables Ram Babu and Dharam Nath Singh to apprehend the murderers. PW 7 himself performed inquest on the dead body and inked relevant papers like inquest memo, chalan lash, photolash, letters to RI and to CMO etc. which all documents are Exts. Ka-5 to Ka-8. Sealing the dead body in a cloth piece the same was dispatched to the mortuary through constables Chandra Bhushan Tiwari and Ram Lochan Chauhan for postmortem examination alongwith the prepared papers. Near the corpse of the deceased an iron kadua (a jug with a spout) was also recovered, which was sealed and recovery memo Ext. Ka-9 thereof was prepared. Thereafter informant and inquest witnesses were interrogated and their statements were recorded. Subsequent thereto, I.O. came to the incident spot in village Bagharu where he recorded the statements of witnesses Dasrath and Bansidhar and others. Spot inspection was conducted and site plan alongwith notings was prepared, which is Ext. Ka-10. Blood stained and plain earth were collected from the spot and recovery memo Ext. Ka-11 thereto was prepared and thereafter witnesses Ram Gyan was interrogated. Returning to the police station at 8.30 a.m. the following day, I.O./PW 7 deposited recovered blood stained and plain earth vide GD Ext. Ka-12. Autopsy report was copied by the I.O., who thereafter penned down statements of constables Ram Lochan Chauhan P.W. 4 and Chandra Bhushan Tiwari and also forwarded a report to send blood stained earth and the clothes for chemical examination to the serologist. On 30.8.1985, both the accused Jit Singh and Dayali were arrested from down town Mirzapur and were booked in penitentiary at 7.05 p.m. vide Rapat No. 27 Ext. Ka-13. Concluding investigation