PANKAJ NAQVI,J. - (1.) This criminal appeal is preferred against the judgment and order dated 12.7.1990, passed by the Addl. Sessions Judge, Gorakhur in S.T. No.359/1987 (State vs. Rita Pandey and others), convicting the appellants under Section 302 / 34 IPC to life. The case of prosecution in brief is as under: A) P.W-1 / the informant was the landlord of the house where the deceased, a Railway employee was a tenant on the 1st floor since last 4 months. The deceased had a friend Purushottam Pandey, who along with his wife Rita Pandey / appellant no.1 used to stay with him. An evening prior to the incident, two unknown persons claiming themselves to be relatives of Purushottam Pandey stayed with Rita Pandey. B) P.W.-1 on 15.12.1986 around 12 noon heard shrieks, from the room of the deceased. He along with neighbours Rama Kant (P.W.-2), Om Prakash and Ram Nath went upstairs to find that the door of the room of the deceased was closed from inside. They repeatedly banged the door but the same was not opened. Music from a tape-recorder was playing inside the room on full volume. The witnesses applied force on the window grill which opened. P.W.-1 along with others saw that Rita Pandey had caught hold of the legs of the deceased while the two unknown visitors / acquaintances, were inflicting knife and gandasa blows at the deceased who died at the spot. C) P.W.-1 bolted the door from outside, left few persons at the door, went to lodge a report against the accused as Case Crime No.43, under Section 302 IPC at P.S. Gorakh Nath at a distance of 2 km at 12.30 P.M. D) P.W.-3, the S.I. identified the signatures of Sri Arun Kumar Srivastava, the I.O. with whom he was also associated in the present case who was no more. He was stating that on the registration of the case, the I.O proceeded to the scene along with him and others. The I.O. was informed by the crowd on the first floor, i.e., the accused are locked inside the room. The I.O. and P.W.-3 entered the room to witness the body of the deceased lay in a pool of blood. All the 3 accused were arrested at the scene of occurrence, out of whom the two unknown disclosed their names as Jalad Mishra (appellant no.2) and Shyam Sundar (appellant no.3). The I.O. in presence of P.W.-2 recovered blood-stained wearing apparels from the person of Jalad Mishra and Shyam Sundar and that of Gita @ Rita from the almirah as she had changed. Recovery memos are Exts. Ka- 6 to 8. The I.O. also recovered blood-stained knife, gandasa (sharp weapon) and a Hasua (sickle) from the scene itself, recovery memo is Ext. Ka-9. He also prepared recovery memos Ext. Ka-10 and 11 regarding the recovery of tape-recorder, blood-stained and plain earth. P.W.-3 conducted the inquest (Ext. Ka-2) which commenced at 13.00 hours to conclude at 14.30 hours. Body was sealed and sent for autopsy along with police papers.
(2.) After completion of investigation, a charge-sheet was filed against the accused, case committed to the Sessions, charges framed which accused denied and claimed to be tried.
(3.) The prosecution examined P.W.'s- 1 and 2 as eye-witnesses and others as formal.;