JUDGMENT :

Suneet Kumar, J.

1. Heard Ms. Mary Puncha (Sheeb Jose), learned counsel assisted by Mohd. Kalim, learned counsel for the appellant, Shri Om Prakash Mishra, learned Additional Government Advocate and perused the lower court record with the assistance of the learned counsel for the parties.

2. The instant appeal has been filed against the judgment and order dated 21.04.2015 and conviction order dated 24.04.2015, passed by the learned Sessions Judge, Banda in Session Trial No. 84 of 2011, whereby, appellant has been convicted under Section 302 IPC and sentenced to life imprisonment with a fine of Rs. 10,000/-. In case of the default of payment, the appellant will have to undergo further 2 years simple imprisonment; appellant has been further convicted under Section 201 IPC and sentenced to 3 years rigorous imprisonment with a fine of Rs. 3000/-. In case of the default of payment, the appellant will have to undergo further 1 month simple imprisonment.

3. As per the prosecution version, around 12.00 noon on 15.06.2011, appellant came to the house of complainant, Shatrughan Singh (PW-2), and took his son Hiran Singh (deceased), to the house of his sister on a motorcycle. On 17.06.2011, at about 6.00 morning, appellant went to the house of the complainant with his bahnoi (brother-in-law). Complainant asked about his son Hiran, he stated that he does not know where has he gone. He suspected that appellant had abducted his son. On 16.06.2011, Braj Mohan Singh, Gram Pradhan, Mau, Police Station Marka (Banda), (PW-1), saw a beheaded corpse in the field of Ram Pratap Kushwaha, thereafter, he gave a written information to the police station. On the information, Thana Incharge reached the spot, collected blood-stained earth and plain-earth, thereafter, sealed and stamped it. One amulet (tabeez) and black thread was found near the dead body. The police official prepared the recovery memo in presence of the witnesses. The inquest report of the unknown beheaded corpse was prepared and sent for postmortem. Again on 18.06.2011, Braj Mohan Singh, (PW-1), was informed of a human head lying in the field of Buchh Raj Yadav, he gave a written information to the police station. Thana Incharge reached the spot, prepared the inquest report of the human head and sent it for postmortem. At the time of preparing the inquest report, on the basis of the structure of teeth, underwear and amulet recovered near the beheaded corpse, complainant, father of the deceased, identified the dead body that it was of his son Hiran. During investigation, name of co-accused, Karan Singh, surfaced.

4. After arrest, appellant confessed commission of the crime and on his pointing out, assault weapon (gandasa) for cutting grass was recovered from his house. The appellant and co-accused Karan Singh together slit the throat of the deceased and murdered him. The recovery memo of the assault weapon was prepared. Co-accused Karan Singh and appellant in their confession/disclosure statement stated that while hunting pigeons, deceased Hiran Singh fell down in the well. On being pulled out, he was slightly breathing and the bone of his thigh had fractured. On apprehension of being caught for the death of Hiran, appellant in collaboration with co-accused Karan Singh slit the throat of deceased with a gandasa (battle-axe). He wrapped the head of the deceased in the shirt of the deceased and threw it at some place and the torso of the deceased was disposed of at a separate place so that evidence could be destroyed. On the basis of oral evidence and the evidences on record, the Investigating Officer filed the charge sheet against the appellant, Baddan Singh, and co-accused Karan Singh under Sections 302, 201 IPC.

5. The Chief Judicial Magistrate committed the case to the Sessions court on 15.9.2011. The appellant and co-accused Karan Singh were charged and examined for offence under S