JUDGMENT :

Satyendra Kumar Singh, J.

The appellant has preferred this criminal appeal under Section 374(2) of the Code of Criminal Procedure, 1973 (2 of 1974) [in short “Cr.P.C.”] against the judgment dated 29.02.2008 passed by the 10th Additional Sessions Judge, Indore (M.P.) in S.T. No.50/2006, whereby the appellant has been convicted under Sections 364/34, 302/34 and 201/34 of the Indian Penal Code, 1860 (in short “IPC”) and sentenced as under :

2. Prosecution story, in brief is as follows :-

(i) That on 03.10.2005, at about 10.00 PM, while complainant Satyanarayan was standing at square near his residence 38/2, Jaibhawani Nagar, Indore alongwith his friends Balli Kushwah, Pappu Ghatge, Pappu Sharma, Manoj Solanki and brother deceased Kamal making preparations for Nav Durga puja, appellant and co-accused Sanjay came there and took the deceased Kamal with them on the motorcycle, which co-accused Sanjay was driving whom deceased referred as his brother-in-law. Deceased Kamal thereafter did not return home. Next day, on being enquired about the whereabouts of the deceased, co-accused Sanjay informed that he dropped Kamal outside his house on the same night. When deceased Kamal did not return till late night, then at about 23.55 hours, missing person's report (Exhibit-P/11) was lodged by Rakesh at police station Aerodrome, Indore. Thereafter, on 05.10.2005, Satynarayan made a written complaint (Exhibit-P/1) to SHO Police Station Aerodrome, Indore against the appellant and co-accused Sanjay on the basis of suspicion as deceased had a fight with the co-accused Sanjay some 7-8 days prior to the date of incident and appellant, on being enquired about the whereabouts of the deceased told different version than that of co-accused that he dropped the deceased outside his in-law's house. S.I. Ashok Rangshahi, on the basis of aforesaid written complaint, lodged FIR (Exhibit-P/2) against the appellant as well as co-accused Sanjay for the offences punishable under Section 364 read with 34 of IPC.

(ii) During investigation, on 06.10.2005, ASI P. S. Chouhan went to the place of incident, prepared spot map (Exhibit-P/3), recorded the statements of prosecution witnesses and made a search for the dead-body of the deceased Kamal. On 08.10.2005, S.I. Ashok Rangshahi arrested co-accused Sanjay, as per arrest memo (Exhibit-P/7) and appellant Mukesh, as per arrest memo (Exhibit-P/8). He recorded their memorandum statements Exhibit-P/11 and P/10 respectively and thereafter, seized a clutch wire, a broken silver chain, a pearl necklace, a leather purse containing photographs of co-accused Sanjay and deceased's wife Babita alongwith co-accused Sanjay's license and an amount of Rs.170/-cash on their instance from Gajarghas near Ralamandal Hills, Indore as per seizure memo (Exhibit-P/6). On the same day, he also seized a black coloured rubber sandal on the instance of co-accused Sanjay from a place near Talainaka, Mhow Phata as per seizure memo (Exhibit-P/5) and a nylon rope from his house as per seizure memo (Exhibit-P/4). Identification proceeding was conducted as per identification memo (Exhibit-P/10) wherein deceased's brother Ritesh identified the seized broken silver chain and pearl necklace as the articles of deceased alongwith deceased wife's photographs. Search of the body of the deceased was conducted in Narmada river near Mortakka bridge and also at Ralamandal Bawdi but the same was not found. After completion of investigation, charge-sheet was filed before the Judicial Magistrate First Class, Indore who committed the