Saksena, J. -- 1. Appellants have filed this appeal against the judgment dated 22.11.1991 passed by the Second Additional Sessions Judge, Balaghat, in ST No.32 of 1991 convicting the appellants under sections 302/34, and 201 of IPC and sentencing them to imprisonment for life and rigorous imprisonment for five years respectively. Appellant No.1 Chandra Kumar has been further convicted under section 404 of IPC and sentenced to RI for three years.

2. Briefly stated, the prosecution story is that on 24.10.1990 at about 4:00 p.m. Girish Kumar Tiwari (deceased) had left his house on his Rajdoot Motorcycle No.CIJ-391. When he did not return till late in night, his wife Smt. Roopa Tiwari informed Girish's cousin Pramod Tiwari at about 10-11 O'clock in night. She informed him that Girish had told her that he was going to fetch money from Pragati Plastic Factory, Bhatera. When Girish had gone from house, he had been wearing brown shirt, black terricot full-pant, a gold chain, two gold rings and a wrist watch. On search, when he was not found, on 25.10.1990 Pramod Tiwari lodged the report about his missing at Police Station Balaghat, which was recorded at Rajnamcha No.2099. On getting