JUDGMENT :

AJAI TYAGI, J.

1. This appeal has been preferred against the judgment and order dated 23.01.2013 passed by Additional Sessions Judge, Court No. 1 in Session Trial No. 102 of 2010 (State vs. Jagdish and Others), arising out of Case Crime No. 1734 of 2009, under Section 302, 201, 120B IPC, Police Station-Tirva, District-Kannauj, whereby the appellants were convicted and sentenced under Section 302 IPC for life imprisonment along with fine of Rs.5,000/-, under Section 120B IPC for 10 years imprisonment along with fine of Rs. 2,000/- and under Section 201 IPC for 7 years simple imprisonment along with fine of Rs. 2,000/-.

2. The brief facts of the case as culled out from the record are that written report was submitted to Police Station-Tirva, District-Kannauj by informant Ram Kumar on 17.11.2009 with the averments that his brother Ram Bahadur aged about 40 years was missing since 15.11.2009. His missing report was submitted at police station on 17.11.2009. While searching, his brother-in-law Shri Ganga Ram and Feran Singh, who used to reside in the vicinity, told him that