JUDGMENT :

1. These two appeals are against the judgment and order dated 19.1.2013 passed by Additional Sessions Judge (E.C.P.), Court No. 26, Shahjahanpur in Sessions Trial No. 233 of 1993 whereby, the appellants have been convicted under Sections 302 and 201 I.P.C. and awarded sentence of imprisonment for life and seven years R.I., respectively, alongwith fine of Rs. 10,000/- and Rs. 5,000/- respectively. All sentences were to run concurrently. The appellants were, however, acquitted of the charge of an offence punishable under Section 364 I.P.C.

INTRODUCTORY FACTS

2. The prosecution case, in brief, as per the written report (Exb. Ka-1), dated 4.10.1990, scribed by Ram Kishan (not examined), lodged by Shyama Charan (brother of the deceased - not examined), which was registered on 4.10.1990 at 20.30 hrs. giving rise to Case Crime No. 384 of 1990 at P.S. Jalalabad, District-Shahjahanpur, is that on 29.9.1990, informant's elder brother, Ram Ratan (the deceased), while he was in his jewellery shop at Jalalabad was visited by two persons, namely, Subhash Chandra @ Kallu (appellant No. 1 in Crl. Appeal No. 420 of 2013) and Parshuram (appellant in Crl. Appeal No. 1059 of 2013). At about noon, they took the deceased to Dussehera Mela (for short Mela). Omveer (PW-1), who had a jewellery shop there, spotted them going. At the Mela, they were spotted together with two ladies. Thereafter, at 6.30 p.m. they were spotted together going from Barah Patthar Chauraha towards Nagariya. Since thereafter, the deceased was not seen alive. As a result, informant inquired from Subhash, Parashuram and the two ladies namely, Khilauna and Nanhi (appellants 2 and 3 in Criminal Appeal No. 420 of 2013) but could get no information. By alleging that those two ladies have bad reputation and by expressing apprehension that they may have abducted the deceased with an eye on his property, the FIR was lodged.

3. During the course of investigation, on 5.10.1990, the investigating officer (I.O.) made recovery of the body of the deceased from a grove of Mukut Singh allegedly on the joint pointing out of the appellants Subhash and Parshuram. The recovery memorandum (Exb. Ka-3) was witnessed by Deshraj and Nathu Lal, who have not been examined. On the same day, a knife is also stated to have been recovered from the house of appellant-Subhash Chandra. The memorandum (Exb. Ka-4) in respect thereof was also witnessed by Deshraj and Nathu Lal.

4. Thereafter, on 7.10.1990, at the instance of accused Nanhi, a bunch of keys allegedly of the deceased is stated to be recovered from a funeral ground at village Nagaria. The recovery memo (Exb. Ka-5) is witnessed by Kewal Ram and Bhoopram who have not been examined.

5. In between, inquest was conducted on 5.10.1990 at 16.50 hours which was witnessed by Nathu Lal (not examined), Deshraj (not examined), Kindar (not examined), Bhoopram (not examined) and Matadeen (not examined).

6. Autopsy was conducted by Dr. Rajendra Sharma (PW-5) on 6.10.1990 at 3 p.m.. The autopsy report (Exb. Ka-2) notices :

ANTE-MORTEM INJURIES:

(i) Multiple stab wound in an area 20 cm x 18 cm in front of the abdomen and part of chest 3 cm above left (sic) varying in size from 5 cm x 0.5 cm to 1 cm x 0.5 cm, cavity deep.

(ii) One incised wound 4 cm x 2 cm, cavity deep, right side of abdomen 12 cm below right nipple.

NOTE: Intestine loop coming out from injury No. 2.

INTERNAL EXAMINATIONS:

Internal examination revealed perforation of small intestine as well as stomach. Stomach and small intestine were empty and large intestine had faecal matter.

CAUSE OF DEATH:

Shock and haemorrhage as a result of ante-mortem injuries.

ESTIMATED TIME OF DEATH:

About one week before.

7. After investigation, the investigating officer - Vijendra Singh (not examined) submitted a charge-sheet (Exb. Ka-15). After taking cognisance on the charge-sheet, the case was committed to the Court of Session. On 20.5.1995, the appellants were charged for offences punishable under Sections 3