Umesh Chandra Srivastava, J. - (1.)The above appeals have been filed against the judgement and order dated 18.08.2007 of Special Judge (SC/ST Act), Gonda passed in Special Sessions Trial No. 119 of 2001, State vs. Ram Prasad Verma and two others, under section 302 read with section 34 I.P.C., P.S. Kotwali Nagar, District Gonda, by which the appellants have been convicted and sentenced with life imprisonment and to pay Rs. 10,000/- fine each and in default to undergo two years additional rigorous imprisonment for the offence under section 302 read with section 34 I.P.C.
(2.)The above appeals being arisen from same judgement and order are decided together by a common judgement.
(3.)Facts giving rise to appeals in brief are as under:- P.W.1 Balram Verma, who happens to be son of deceased Ram Ugar Verma, submitted a written tahreer on 02.02.2001 at 6:10 a.m. at P.S. Kotwali Nagar, District Gonda stating therein that his father Ram Ugar Verma was done to death in the night of 01.02.2001 while he was returning home from Gonda after selling milk. It was stated in the report that his father was a milk seller who used to collect milk in village in the morning and take it to Gonda and returned home in the evening after selling the milk. It was also stated that as usual his father had gone to Gonda in the morning of 01.02.2001 for selling milk but he did not return home in the evening. It was also stated in report that his uncle Ram Kumar, who was employed in agriculture department and worked at Gonda, spotted the cycle of his father standing on the way in the evening of 01.02.2001 while he was going to Gonda for performing his duty. It was also stated in the report that after seeing the cycle his uncle called his father by name and when he could hear nothing about him he came back to village whereafter the first informant alongwith others went towards the place where the cycle of his father was standing and made a search, during which dead body of his father was found lying in the masoor and mustard field of his uncle Ram Bihari Verma.