VIRENDRA KUMAR, J.

1. Heard Mr. Manish Kumar Singh, learned amicus curiae appearing for the appellants as well as Mr. Hari Shankar Bajpai, learned Additional Government Advocate for the State and perused the lower court record.

2. The appellant Rama Pasi and Smt. Maika wife of Rama Pasi have preferred Criminal Appeal No. 1426 of 2005 assailing the impugned judgment and order dated 1.10.2005 delivered by the Court of learned Additional Sessions Judge, Fast Track Court-3, Lucknow in Sessions Trial No. 691 of 2004, arising out of Case Crime No. 205 of 2004 for offence punishable under Section 302 read with Section 34 IPC of Police Station Mohanlalganj, Police Lucknow.

3. Criminal Appeal No. 1530 of 2005 has been preferred by appellant Matauley alias Khushi Ram assailing the aforesaid impugned judgment and order dated 1.10.2005 passed in Sessions Trial No. 691 of 2004.

4. The accused appellants have been convicted and sentenced to undergo imprisonment for life and amount of Rs. 3,000/- fine has been imposed on each appellant Rama Pasi and Matauley with default stipulation to serve out additional rigorous imprisonment for one month. Learned trial court has imposed fine of Rs. 1,000/- fine against appellant Smt. Maika with default stipulation to serve out rigorous imprisonment for ten days.

5. The complainant Maiku submitted a written report Ex. Ka-1 at Police Chowki PGI of Police Station Mohanlalganj, Lucknow on 29.6.2004. On the basis of written report submitted by the complainant, check FIR Ex. Ka-2 was registered on 29.6.2004 at 7:15 a.m. regarding incident dated 28.6.2004/29.6.2004 occurred at 12:00 at night and crime number 205 of 2004 for punishable under Section 302 IPC was registered and G.D. Ex. Ka-3 of registration of crime were preapred.

6. The complainant has narrated in his written report Ex. Ka-1 that he is the resident of Village Amol Mazra Kalan within the limits of Police Station Mohanlalganj. The appellant Smt. Maika, who is wife of appellant Rama Pasi brought his son Lala to perform Puja/offerings at her house on 28.6.2004 at 8:30 p.m. Kailash son of Pratap informed the complainant at 12:00 at night that the appellant Matauley, Bindra alias Ravinder, Rama Pasi and Smt. Maika wife of Rama Pasi were assaulting Lala with lathi and sticks. The complainant along with his wife Smt. Kaushalya, and Baijnath son of Devi rushed and reached at place of occurrence and they saw in the moonlight that all the appellants were assaulting Lala with lathi and sticks in front of their house. The complainant and aforesaid witnesses raised alarm then, villagers Jagan Pasi and Mithai Lal arrived and challenged the appellants. The appellant Rama Pasi told him that Lala was lying with his wife therefore they will not let him alive and will eliminate him. The appellants/accused persons after assaulting the deceased Lala, fled away towards north direction. The deceased Lala expired on the spot. It is mentioned in the written report Ex. Ka-1 that the dead body of Lala was lying on the place of occurrence.

7. The Investigating Officer during course of investigation recorded statements of witnesses, prepared site plan Ex. Ka-9 of the place of occurrence, prepared inquest report Ex. Ka-7 and documents for autopsy police form-13 Ex. Ka-4, Photolash Ex. Ka-5, sample of seal Ex. Ka-6. The postmortem report Ex. Ka18 of the dead body of the deceased was prepared.

8. The Investigating Officer collected the bloodstained Pant and Shirt of the deceased from the place of occurrence. Bloodstains were found on lower part of pant. The Investigating Officer prepared recovery memo Ex. Ka-12 in this regard. The Investigating Officer has also collected ashes of material of offerings Havan, half burnt areca-nut (Supari) and wood in presence of Shyam Pasi, Nanhe and Ram Kumar Pasi witnesses and prepared recovery memo Ex. Ka-13.

9. The Investigating Officer