R. S. SODHI, J.

( 1 ) CRIMINAL Appeal 505 of 2002 seeks to challenge the judgment dated 08. 05. 2002 of the Additional Sessions Judge in Sessions Case No. 187/1997, f. I. R. No. 153/96, registered at Police Station Ambedkar Nagar under Section 302/120b/201 IPC, whereby the learned Judge convicted accused Chet Ram under section 302/201 IPC. The other accused persons, namely, Bacha Ram and Ragho Ram were acquitted of all charges levelled against them. Vide separate order dated 15. 05. 2002, the learned Judge sentenced the convict, Chet Ram to undergo imprisonment for life with a fine of Rs. 10,000/- (rupees ten thousand) under section 302 IPC and in default of payment of fine to further undergo simple imprisonment for one year. The convict was also sentenced to undergo rigorous imprisonment for seven years with a fine of Rs. 5,000/- (rupees five thousand)under Section 201 IPC and in default of payment of fine to further undergo simple imprisonment for six months. Both the sentences were directed to run concurrently. The benefit of Section 428 Cr. P. C. was also given to the convict.

( 2 ) BRIEF facts of the case as noted by the Additional Sessions judge are as follows:-

". . . . . that on 24/25. 2. 96 SI Surinder Singh alongwith HC Balraj and Ct. Raj Kumar was patrolling in the area and while patrolling they found two persons in suspicious condition, whose names were revealed as Chet Ram and Rishi muni. Both the persons could not give any satisfactory answers to their questions and were arrested under Section 41 (2)/109 Cr. P. C. They were brought to the PS. Accused Chet Ram made disclosure statement that about seven years back he alongwith his brother Bacha Ram and Ragho Ram, Rishi Muni and swaminathan had conspired and decided to kill Nanku who was working as chowkidar in kothi No. A-223, Sainik Farm and they were working as beldar there as the deceased used to check and obstruct them from selling building material. He further disclosed that he had been made to work as chowkidar when deceased had gone to his village for the marriage of his daughter, so on his return he thought of killing him. He further disclosed that at night at around 9. 30 p. m. he hit at the neck of Nanku with a kassi and other accused persons caught hold of his hands and legs. Thereafter he (Chet Ram) hit with a blunt end of kassi on the genital of Nanku till he died and thereafter he alongwith other accused persons dug 3 feet deep trench in a small room of the kothi and then buried the dead body of Nanku over there. He further disclosed that therafter he (Chet Ram) started working as chowkidar at the said premises. After about two and a half years when his brother Ragho Ram came to Delhi, he told him about the incident and they both conspired to take out the dead body from the said place and buried it in another place in the same premises, so as to destroy the evidence. The disclosure statement was put up before the SHO. Thereafter sho, Addl. SHO, public witness Tej Parkash Gaur, Ins. R. K. Gulia, HC Balraj, SI surinder and Ct. Raj Kumar alongwith accused Chet Ram went to A-223, Sainik farm. There were three kothies under construction at the said premises. Accused chet Ram pointed out to the place where he had buried the dead body of deceased nanku after committing his murder. That place was dug out and eight bones of human being were recovered from there. The said bones were put in a parcel and sealed with the seal of JBS. Thereafter accused Chet Ram pointed out to another place. That place was also dug. From there lot of bones of a human skeleton, one iron kara, one tobacco box, one finger ring, one lungi and on shirt were recovered. In all six parcels were prepared and were sealed with the seal of jbs. All the articles were seized. The seal after use was handed over to public witness Tej Prakash Gaur. Ins. Jai Bhagwan prepared the rukka and sent ct. Raj Kumar to the PS for the registration of the case. FIR was got registered. Senior officers were in