Hon’ble Prafulla C. Pant, J.: This appeal, preferred under section 374 of Code of Criminal Procedure (for short Cr.P.C.) is directed against judgment and order dated 06.02.1998, passed by 1st Additional Sessions Judge, Haridwar, in Sessions Trial No. 442 of 1993, whereby the appellants namely Sarafat (since deceased), Yaseen (since deceased), Mahboob, Ibrahim, Ismail, Asghar, Akbar, Yaseen son of Zahoora (since deceased), Yameen, Mustakim, Riyasat, Mubarik, Akil and Irshad @ Sada, have been convicted under Section 302 read with Section 149 Indian Penal Code, 1860 (for short I.P.C.) and also under section 201 read with Section 149 IPC. Appellants Sarafat, Mahboob, Ibrahim, Asghar (since deceased), Akbar, Mubarik and Akil are also convicted under Section 147 IPC and appellants Yaseen, Ismail, Yaseen, Yameen, Mustakim, Riyasat and Irshad @ Sada are also convicted under Section 148 IPC. Each of the convicts is sentenced to rigorous imprisonment for life (under Section 302/149 IPC) and rigorous imprisonment for a period of seven years under section (201/149 I.P.C.). The seven convicts named above are sentenced to rigorous imprisonment for two years under Section 147 IPC and rest to rigorous imprisonment for a period of three years under section 148 IPC.

2. Heard learned counsel for the parties and perused lower court record.

3. Prosecution story, in brief, is that on 13.08.1992, at about 1:00 P.M., in the jungle of village Mustafabad, accused/appellants with common object formed unlawful assembly and committed murder of Abdul and Riyaz (both deceased). They were armed with deadly weapons rifle, TABAL (heavy sharp edged weapon), sword, GANDASA (heavy sharp edged weapon), and LATHIES. They after committing murder of the aforesaid two persons namely Abdul, and Riyaz @ Seena, threw their dead bodies in Ratmao river to cause disappearance of evidence of commission of crime. A first information report (Ex. A1) was orally given by P.W.1 Mansab (brother of the deceased) at Police Station Jwalapur, District Haridwar, which was registered as crime no. 335 of 1992, against the fourteen accused namely Sarafat, Yaseen son of Nabi Bux, Mahboob, Ibrahim, Ismail, Asghar, Akabar, Yaseen, son of Zahoora, Yameen, Mustakim, Riyasat, Mubarik, Akil and Irshad @ Sada, relating to offences punishable under section 147, 148, 149, 302 and 201 IPC. The investigation was taken up by Sub-Inspector Mukundi Lal Sharma. Later on, investigation was taken over by Sub-Inspector B.S. Negi (since deceased). The motive of commission of crime is said to be dispute between P.W.1 Mansab and the accused in respect of pouring the garbage in a pit in the village. In connection with said quarrel a Panchayat is said to had taken place earlier a day before but the dispute between parties could not be resolved. Prosecution case is that due to that enmity, on 13.08.1992, the accused/appellants formed unlawful assembly and committed murder of the Abdul and Riyaz @ Seena and threw their dead bodies in the river. It is alleged in the first information report that accused Sarafat was armed with lathi, accused Yaseen with gandasa, accused Mahboob with lathi, accused Ibrahim with lathi, accused Ismail with sword, accused Asghar with lathi, accused Akbar with lathi, Yaseen with Gandasa, accused Yameen with Tabal, accused Mustkim with Tabal, accused Riyasat with rifle, accused Mubarik with lathi, accused Akil with lathi, and accused Irshad also armed with lathi at the time of incident. During investigation, only dead body of Riyaz @ Seena could be recovered on 16.08.1992. The dead body of the other deceased could not be traced out. The police, after recovery of dead body of Riyaz @ Seena prepared inquest report (Ex. A7), Sample Seal (Ex. A8), sketch of the dead body (Ex. A10), police form no. (Ex. A11), and letter for post-mortem examination (Ex. A9). The dead body was sent for post-mortem examination. P.W.5 Dr. B.K. Gairola, conducted post-mortem examination on 17.08.1992, on