JUDGMENT

Arya, J. - Looking to the similitude of controversy involved, both these criminal appeals having arisen from same Sessions Trial are being disposed of by this common judgment.

1. These appeals, under Section 374 (2) Cr.P.C., arise out of the judgment dated 18.12.2000 passed by First Additional Sessions Judge, Gwalior in Sessions Trial No.116/1999, whereby appellant Bhupendra stands convicted for the offence punishable under Section 302 of IPC, while appellant Kalla alias Kallu Koli stands convicted under section 302 read with S.34 of the IPC.

Both the appellants have been sentenced to undergo imprisonment for life with fine of Rs.500/-, in default to suffer R.I. for six months. Co-convict Chandra Prakash alias Kallan S/o Rambabu Jha is reported to have expired on 28/1/2007 and consequently Cr.A. No.83/2001 preferred by him, stood dismissed as abated vide order dated 12/5/2008.

2. Prosecution story, as found proved, is that Badshah (since deceased) was in the business of Dairy and used to return home between 8-9 PM daily. On the fateful day of 30/11/1998, when he did not return, complainant Beer Singh and Rajendra Tomar went in his search. At about 10.30 PM, near Mohan Misthan