M.C.JAIN,J. - (1.) THERE are two appellants, namely, Shakil Ahmad and Raju who have preferred this appeal against the order of conviction and sentence of life imprisonment passed against them under S.302 read with S.34, IPC on 18-7-1981 by Sri J. M. Srivastava, the then III Additional Sessions Judge, Fatehpur in S. T. No. 311 of 1980. There was third accused, namely, Ajai Kumar alias Chemin who was tried with the appellants but was acquitted having been given the benefit of doubt.
(2.) WE have heard Sri R. B. Singh learned counsel for the appellant No. 1 Shakeel Ahmad and Sri I. M. Khan learned counsel representing the other appellant Raju. From the side of the State, Sri Shekhar Yadav learned A.G.A. has been heard. The report of the incident was lodged on 31-3-1979 by Rais Ahmad PW 2 - elder brother of the deceased Munna alias Shamim Ahmad. The prosecution case as unfolded by the FIR taken together with the evidence of the witnesses was that the deceased and the informant Rais Ahmad PW 2 had gone to the house of one Qureshi at Bindaki in some marriage on 26-3-1979 at about 8.00 p.m. The informant stayed there in between that night till 3 O'clock and returned back. The victim stayed there. However, he did not return even in the morning. The informant and other members of the family made a frantic search for him in Bindaki and at the places of different relations but without success. On 31-3-1979 when the informant had gone to make purchases from the market, he learnt from one Raj Kumar that a dead body was lying in Arhar field in Kewtra of Bindaki town. He went there and found only a skeleton of human body. However, from the shoes and dress he could identify that it was the dead body of Munna alias Shamim Ahmad. Actually, it was thereafter that the report was lodged by him at the police station Bindaki on 31-3-1979 at 4.30 p.m. The motive came to be unfolded during the course of evidence that the two appellants and the acquitted accused Ajai Kumar alias Chemin were on friendly and intimate terms. The house of the appellant Raju was situated in Mohalla Mughlahi. Quite close to his house, there was house of one Nandu Halwai, who had a young niece Geeta, aged about 14-15 years. He was her maternal uncle. Raju appellant fell in love with Geeta and the deceased used to act as go - between and messenger between the two, carrying the letters of each other. Subsequently, however, he also fell in love with Geeta, which was not liked by the appellant Raju. He asked Munna alias Shamim to keep himself away from Geeta but his command or advice was not heeded to by the deceased. The result was that the relations between Raju appellant and deceased grew highly strained on that account. The affair of appellant Raju with Geeta somehow leaked out along with the role of the deceased Munna as go - between and taking the letters of one for the other. The father of the appellant Raju protested against the conduct of Munna deceased with the latter's father and informed him that even Munna had developed illicit intimacy with Geeta. When Munna did not oblige Raju appellant by withdrawing himself from the affairs with Geeta, he (Raju appellant) with the help of the remaining two accused had been in search of a suitable opportunity to remove the thorn from his way permanently. The opportunity came their way on 26-3-1979 when Rais Ahmad PW 2 along with deceased had gone to attend the marriage at the house of Tufail Qureshi in Mohalla Qaziana of Bindki town.
(3.) THE news of the dead body of the deceased being lying in the Arhar field as aforesaid spread all around. While Rais Ahmad PW 2 was busy in lodging the report with the police, the other members of the family collected the bones and brought the same to the tall of one Kalloo where they hung it on a pole in a piece of cloth.;