Hon’ble P.K.S. Baghel, J.—The appellants have preferred this criminal appeal against the judgment and order dated 03rd March, 1989 passed by the Vth Additional District & Sessions Judge, Aligarh in Session Trial No. 454 of 1988 (State v. Birma and another) convicting and sentencing both the appellants, namely, Birma and Guddi under Section 302/34 of the Indian Penal Code (IPC) to imprisonment for life.

2. The deceased—Beni Singh was son of the accused-appellant No. 1 and husband of accused-appellant No. 2.

3. P.W.-2 Raghuvir submitted a written complaint (tehrir) on 09th May, 1988 before the Station House Officer of Police Station Dehli Gate, District Aligarh wherein he mentioned that appellant No. 1—Birma has illicit relationship with his daughter-in-law Guddi, wife of his son Beni Singh. The said relationship was known to the locality. For the said reason in the night (8/9th May, 1988) both the accused-appellants have murdered Beni Singh and they were preparing to dispose of his body. The incident of killing Beni Singh by the aforesaid two accused-appellants was witnessed by Maharaj Singh and Mahesh Chandra, who are residents of Nagla Mahtab, Police Station Dehli Gate, District Aligarh, and some other people. On the basis of the said complaint (tehrir) a chik First Information Report (FIR) was prepared and the FIR was accordingly registered at 07.15 a.m. on 09th May, 1988 itself as Case Crime No. 131 of 1988, under Section 302 I.P.C.

4. The investigation was entrusted to P.W.-8 Sub-Inspector Rajpal Singh. The police reached the spot and seized a bloodstained mattress and some cloths and fard of the said articles was prepared (Exh.Ka-1). The police also seized some articles, which are used for cremation such as shroud (a seven meter new white cloth, known as Kafan), five pieces of bamboo which were cut for carrying dead body, camphor and some other pooja articles, and prepared fard thereof and marked as Exh.Ka-2. It has also taken the bloodstained earth (Exh.Ka-3), and seized on the spot a kerosene oil lamp (Deepak) (Exh.Ka-4).

5. The inquest of the dead body was conducted by P.W.-7 S.I. O.N. Sharma on the same day which was started at 08.30 a.m. and completed at 09.45 a.m.. The body of the deceased was sent for post-mortem and it was received at District Hospital, T.B.C., Aligarh and the post morten was conducted by P.W.-5 Dr. H.L. Bansal at 4.15 p.m..

6. After completion of the investigation, a charge-sheet was submitted on 15th May, 1988 by P.W.-8 Rajpal Singh. In the charge-sheet 16 witnesses were cited, out of them 8 witnesses were examined. The Magistrate committed the matter to the Court of Session on 23rd June, 1988.

7. The Session Court (trial Court) framed the charges on 29th July, 1988 against the accused-appellants for commission of offence punishable under Section 302/34 I.P.C. The trial Court commenced on 05th September, 1988.

8. In support of its case the prosecution has examined eight witnesses, namely, PW.-1 Shishupal, who is a formal witness and has proved the recovery of articles mentioned above recovered from the place of occurrence; P.W.-2 Raghuvir, who is the first informant and is witness of fact; P.W.-3 Maharaj Singh, who is an eye-witness; P.W.-4 Constable Barjor Singh, who has carried the dead body of the deceased for the post-mortem and is a formal witness; P.W.-5 Dr. H.N. Bansal, who has conducted autopsy; P.W.-6 Head Constable Brijesh Kumar, who has prepared the chik FIR; P.W.-7 S.I. Onkar Nath Sharma, who conducted the inquest; and, P.W.-8 S.I. Rajpal Singh, who was the Investigating Officer.

9. The prosecution has filed various documents, amongst others, Exh. Ka-1 recovery memo of bloodstained cloths which was proved by P.W.-1; Exh.Ka-2 recovery memo and supurdginama of shroud which was proved by P.W.-1; Exh.Ka-3 recovery memo of bloodstained and plain soil, proved by P.W.-1; Exh.Ka-4 recovery memo and supurdaginama of kerosene oil dibbi, which was also proved by P.W.-1; Exh.Ka-5 written