Accused appellants Kulveer, Hem Raj and Jai Prakash have preferred this appeal under Section 374( 2) Cr.P.C. against judgement and order dated 18.10.1993 passed by Ist Additional Sessions Judge, Bijnore in Sessions Trial No. 366 of 1991, State of Uttar Pradesh Vs. Kulveer and others, under Section 364 /302/34/201 I.P.C. Police Station Seohara, District Bijnore whereby learned Additional Sessions Judge, Bijnore has convicted accused appellants Kulveer, Hem Raj and Jai Prakash for offences punishable under Section 302 I.P.C. read with Section 34 I.P.C. and Section 364 I.P.C. and has sentenced each of them for offence punishable under Section 302 I.P.C. read with Section 34 I.P.C. with imprisonment for life and for offence punishable under Section 364 I.P.C. with rigorous imprisonment for a period of seven years. Learned Additional Sessions Judge has directed that both the sentences shall run concurrently.

2. S.T. No. 367 of 1991, State Vs. Kulveer alias Kaka under Section 25 Arms Act, P.S. Seohara, District Bijnore has also been decided by Ist Additional Sessions Judge, Bijnore by same judgement and order dated 18.10.1993 and accused Kulveer was acquitted of the charge under Section 25 Arms Act. No appeal has been preferred by State against acquittal.

3. Mr. Kamal Krishna, learned counsel appeared for accused appellants and Mr. M.S. Yadav, learned A.G.A. appeared for respondent.

4. We have heard both the parties and perused the records.

5. In brief relevant facts for decision of appeal are that on 4.7.1991 Daya Ram Sharma, Chaukidar R/o village Lakhipura gave oral information to P.S. Seohara that in village Govardhanpur barat of Prem Kumari daughter of Ram Pal Singh has come from village Rampur-Junnadar, P.S. Navgaonwa Sadat, District Moradabad. During night at anytime Sanjiv Kumar aged about 16 years son of Veer Singh resident of Rampur-Junnadar, P.S. Navgaonwa Sadat, District Moradabad, who has come in barat party, was killed by causing injuries with sharp edged weapon and dead body is lying in a dry drain situated in south of village. Many people of the village as well as baraties are present there.

6. On this oral information of Chaukidar Crime No. 207 of 1991 under Sections 302, 201 I.P.C. was registered in P.S. Seohara against unkonwn person. Later on, written report Ext.Ka-1 was presented to I.O. by Veer Singh father of deceased Sanjiv Kumar. Thereafter, inquest report of deceased was prepared and dead body was sent for post-mortem in sealed cover after having completed other formalities.

7. Veer Singh father of deceased Sanjiv Kumar has alleged in written report Ext.Ka-1 that his son Sanjiv Kumar aged 16 years and daughter Seema aged 9 or 10 years came in barat of Krishna Pal son of Rishiram to village Govardhanpur P.S. Seohara. On 4.7.1991 Narpal son of Bhasi Ram went to his house and informed him that his son Sanjiv Kumar has been murdered, then he went to village Govardhanpur and tried to know the facts. His daughter Seema as well as Khub Singh son of Harkesh Singh resident of Munavvarpur, Seohara and Satya Pal Singh resident of Janardar P.S. Nauganwan, who had also come in barat informed him that at about 12.00 p.m. in the night during chadhat ceremony of barat there occurred a scuffle between his son Sanjiv Kumar and accused Kulveer, Hem Raj and Jai Prakash. At that time accused drew knife also but the relatives intervened and pacified them. Later on, after chadhat ceremony of barat the said three accused came to his son Sanjiv Kumar and asked him to go to tube well for taking bath. They assured him that the above occurrence has taken place under influence of liqueur.

8. Thereafter, they took Sanjiv Kumar with Maruti Van No. D.A.C. 1169. Khub Singh and Satya Pal Singh have seen them while they were returning after having murdered his son Sanjiv Kumar. Since then they are absconding.

9. According to prosecution, during investigation on 5.7.1991 police arrested above accused appellants with Maruti Van No