Palok Basu, J. - (1.) The three connected appeals have been filed by the four appellants Munshi, Waris. Ishaq and Shaukat against their conviction and sentence under Section 302/34, I.P.C. to imprisonment for life and under Section 394, I.P.C. to seven years R. I. as recorded by Sessions Judge Muzaffarnagar on 23-12-1978 in Sessions Trial No. 115 of 1978.
(2.) The charge against the appellants was that they have committed the murder of Hukam Singh in between the night of 7th and 8th of October, 1977 in the jungle of village Makhiyali, near Bhopa Road, Police Station Nai Mandi, Muzaffarnagar, after depriving the deceased of his wrist-watch and cycle.
(3.) The points relevant in the present appeals are as to whether the prosecution case sought to be proved against the appellants on the basis of their identification by eye-witnesses and of the articles recovered from two of them, namely Shaukat (watch of the deceased) and Ishaq (cycle of the deceased), can connect them with the murder or with the alleged robbery. Learned counsel for the appellants have not challenged the prosecution case relating to the recovery of the dead body of Hukam Singh near about 10 a. m. on 8-10-1977 lying in Rajbaha (water channel) near the culvert of Bhopa Road whose hands and legs were tied with a string and a loop of rope was also found round the neck, but he has very seriously challenged that none of the appellants can be convicted on the basis of the evidence produced by the prosecution as it falls short of proving the requirements of law.;