JUDGMENT :

Abhay S. Oka, J.

FACTUAL BACKGROUND

1. The appellant who is accused no.1 was prosecuted along with four others for the offences punishable under Section 302 read with Section 34 as well as Section 201 of the Indian Penal Code (for short, ‘IPC’). The appellant has been convicted for both offences. For the offence under Section 302 read with Section 34 of IPC, he has been sentenced to undergo life imprisonment. The High Court confirmed the conviction of the appellant, whereas the remaining four accused were acquitted.

2. First informant is one Lakhi Prasad Chourasia (PW-5). First Information Report (FIR) was registered on 20th June 1989. The statement of the first informant on the basis of which the FIR was registered notes that it has been recorded in the presence of Radhey Prasad Mandal (PW-1); Kisan Lal Mandal (PW-4); Satya Narain Mandal (PW6); and Mohammad Tamijuddin (PW-7). It is alleged that on 10th June 1989, PW-5 had lodged a missing report. The missing report was in respect of his son Kamlesh and nephew Bulla, son of one Hira Chaurasia (PW-9). They were missing from 02nd June 1989. PW-5 stated that at about 02:00 p.m. on 20th June 1989, he received a secret informatio