JUDGMENT :

Rastogi, J.

Both the appellants, Babu Lal and Devi Lal are aggrieved by the affirmation of their conviction under Section 302 and other with the aid of Section 120-B of the Indian Penal Code and sentenced to life imprisonment under the impugned Judgment dated 30th January, 2009, seek this Court’s intervention.

2. Brief facts of the case, as per prosecution, post-incident, are that on 8th February 1999 at 7.15 p.m. complainant Vijay Singh (PW-2) submitted a written report (Exhibit P1) at Police Station, Nimbahera, informing that he and his cousin brother Dharam Chand (deceased) were living with their families in separate houses in village Binota. In the evening of 7th February, 1999 at 6.00 p.m., daughter of the deceased Dharam Chand informed him on telephone that her father, who had gone to Bhagwanpura on Motor Cycle, had not returned. The complainant, along with other neighbours, went to search deceased Dharam Chand on 8th February, 1999 and at village Bhagwanpura, outside the godown of brother deceased Dharam Chand, found his motorcycle but his whereabouts were not made known. On his written complaint, a missing person report (Exh. P-75) was lodged. The Investigating Offi