JUDGMENT :

Naheed Ara Moonis, J.

Since both the accused appellants have been convicted and sentenced vide order dated 8.7.2014 passed by the Additional Sessions Judge Court No.10 Muzaffar Nagar, hence these appeals have been heard together and are being decided by a common order.

2. These criminal appeals have been preferred on behalf of the accused-appellants against the impugned judgment and order dated 8/9-7-2014 passed by the Additional Sessions Judge, Court No. 10 Muzaffar Nagar whereby the accused-appellants have been convicted and sentenced to serve out life imprisonment with fine of Rs. 25, 000/- in Sessions Trial No. 382 of 1982 (State vs. Sheela @ Sushila and others) under Sections 302 read with section 34 IPC, Police Station Hastinapur District Meerut .In default of payment of fine, they have to undergo imprisonment for a period of three months.

3. The emanation of facts giving rise to the prosecution in a short conspectus is that a first information report was lodged on 22.6.1982 at about 6.20 a.m. with respect to the incident occurred at night on 21/22-6-1982 with the allegation that the complainant heard shrill and shriek of his brother's wife in the morning on 22nd June 1982 at about 5.00 a.m. Being thunder-struck and panicky the complainant, his elder brother Mahesh and other family members rushed towards the room of Ramesh where they saw the dead body of his brother Ramesh lying on the cot. The blood was oozing from his mouth. There were marks of a number of injuries on the person of Ramesh. Ramesh was done to death at any time in the night. On the basis of tip off of the complainant (Ashok Kumar Singhal), an FIR was registered against unknown persons at police station Medical District Meerut vide Case Crime No. 170 of 1982 under section 302 IPC.

4. After lodging of the FIR, the investigating officer S.I. Sudarashan Chandra Katoch (P.W.12) swung into action and recorded the statement of the complainant and the witnesses. He got the copy of the FIR entered in the case diary. He reached at the place of incident i.e. residence of deceased Ramesh, Mohalla Madho Nagar, Meerut. He prepared the site plan which is marked as Ext. Ka.14. After conducting the requisite formalities, Panchayatnama of corpse was prepared on the same day in accordance with the procedure prescribed which was marked as Ext.Ka.15. Thereafter, the copy of chik, copy of report, photo lash, challan lash, report R.I., report C.M.O. and sample seal along with sealed dead body was sent to the mortuary for the autopsy. The aforesaid papers were marked as Ext.Ka.16 to 19. The investigating officer prepared the questions to be asked from the Medical Officer which was marked as Ext.Ka.20. At the instance of accused Haroon he prepared the recovery memo of blood stained Pant and towel from the shop which was marked as Ext.Ka.4. On 23.6.1982, arrested accused Sheela from her house and was interrogated. At her instance a screw driver was recovered in the presence of witnesses exhibited as Ext.12. Site plan with regard to recovery of Screw Driver was marked as Ext.Ka. 21. One piece of blood stained rod recovered at the instance of accused Rahimuddin exhibited as Ka.4 of which memo was prepared as Ext.Ka.5. The site plan of recovery of iron rod was prepared which was marked as Ext.Ka.22. Constable CP 710 Rameshwar Singh associated with S.I.Suresh Chandra were present at the place of occurrence. After Panchayatnama, the corpse of Ramesh Chand was handed over to them with relevant papers for autopsy. Autopsy of deceased Ramesh was conducted on 23.6.1982 by P.W.10 Dr.S.K.Tyagi, Medical Officer, P.S.Sharma Hospital Meerut. The investigating officer after completing all the necessary formalities and collecting the credible and clinching evidence against the accused appellants Sheela and Irfran, and co-accused Rahimuddin and Haroon submitted the charge sheet under sections 302/120B IPC.

5. The case was initially committed by the learned Chief Judicial Magistrate Meerut bu