JUDGMENT :

Syed Aftab Husain Rizvi, J.

1. We have heard Sri Ashok Kumar Tripathi, learned counsel for the appellants, and Sri Pankaj Saxena learned AGA for the State.

2. This criminal appeal has been filed against the judgment and order dated 17.03.2015 passed by the Additional Sessions Judge, Court No.4, Mathura, in Sessions Trial No.254 of 2013, arising out of Case Crime No.522 of 2012, Police Station Kosikala, District Mathura, convicting and sentencing the accused-appellants Vinod and Karmveer as under:-

“Imprisonment for life and fine of Rs.10,000/- each, under section 302 read with section 34 IPC; 10 years rigorous imprisonment and fine of Rs.5,000/-each under section 364 IPC; 7 years rigorous imprisonment and fine of Rs.5,000/- each under section 201 IPC; and 3 years rigorous imprisonment and fine of Rs.5,000/- each under section 404 IPC.

INTRODUCTORY FACTS

3. The Factual matrix is as follows:-

(i) Complainant Nawal Singh (P.W.-1) gave a written information at the Police Station Kosikala, District Mathura on 19.08.2012, alleging therein that his uncle Narayan Singh(the deceased), aged 60 years, on receiving a phone call, left his house on 11.08.2012 at 1.30 PM taking Rs.70,000/- with him but did not return, thereafter; and that his phone number 8683094403 is not responding. The aforesaid information was entered in G.D. No.23 at 9.10 AM on 29.08.2012 as a missing report.

(ii) On the same date, the complainant Nawal Singh gave another application at Police Station Kosikala, alleging therein that on 11.08.2012 at about 1.30 PM Narayan Singh (the deceased), the uncle of the complainant had gone to Hodal with Karmveer, taking Rs.70,000/- with him; that neither he has returned nor his phone number 8683094403 is responding; that after a thorough search, he lodged a missing report on 19.08.2012; that Vijan and Prahlad had seen Narayan Singh with his servant Karmveer, going on a motorcycle on the way to Hodal; that the complainant believes that Karmveer has kidnapped his uncle and committed murder in greed for money. On the aforesaid written information (Ex. Ka.-1) an FIR Crime No.522 of 2012, under sections 364, 302, 201 IPC, was registered at Police Station Kosikala, District Mathura on 19.08.2020 at 20.30 hours.

(iii) Santosh Singh(P.W.-10), SO, Police Station Kosikala, District Mathura, took up the investigation. He recorded the statement of the complainant. On the information received from the informer, he arrested the named accused Karmveer on 20.10.2012 at 12.05 noon from Korvan Tiraha. On interrogation, accused Karmveer confessed his crime and disclosed that he has committed the murder of Narayan Singh on 19.08.2012 with the help of his cousin Vinod for Rs.70,000/-; that he assaulted Narayan Singh with a spade causing his death and buried the body in his field; that, Rs.50,000/- which came in his share, had been kept by him at the house of his sister Lakshmi, resident of Balghadi, Police Station Kosikala; and that he could get recovered the dead body from the field as also the cash. The gist of the interrogation was entered in the G.D. on the same date at 12:45. PM The investigating officer accompanying other police personnel and Karamveer arrived at the field of the deceased Narayan Singh and at the pointing out of accused Karmveer the dead body of Narayan Singh was recovered after digging a pit. A spade was also recovered at the pointing out of accused Karmveer at about 15.30 PM from the bushes near the hut situated in the field of the deceased Narayan Singh. Its recovery memo was prepared. The investigating officer prepared the site plan of both places, took plain soil and blood-stained soil and sealed it, and prepared its memo. The body was sent for postmortem. Thereafter, the SO accompanying police personnel, Karamveer, and witnesses, namely, Bittan and Vijan, came to the village Balghadi at the house of Lakshmi, the sister of the accused Karamveer, and at his pointing out recovered Rs.50,000/- comprising 25 notes of Rs.1,0