Rajendra Kumar, J. - (1.)This Jail Appeal has been filed by accused-appellant Daryao Singh through Superintendent of Jail Agra against common judgement and order dated 04.11.2006 / 7.11.2006 passed by Additional Sessions Judge, Court No. 6, Agra in Sessions trial No. 237 of 2002 (State Vs. Daryao Singh) under Section 302 Penal Code read with Sec. 34 IPC, Police Station, Khera Gargh, District Agra convicting accused-appellant Daryao Singh and sentencing him to undergo life imprisonment but acquitted the accused-Ramesh in Sessions Trial No. 28 of 2002 (State Vs. Ramesh), Police Station, Khera Gargh, District Agra.
(2.)Factual matrix of the case as emerging from First Information Report (hereinafter referred to as "FIR") as well as material placed on record is as follows.
(3.)An FIR Ex.Ka-9 dated 06.08.2001 was presented in Police Station Khera Gargh, District Agra by Informant PW-1 Teekam Singh, alleging that in the night of 05.08.2001 at about 9:00 PM, he himself and his brother Bangali was present in the house, accused-appellant Daryao Singh and one Bachhu took him from the house on the pretext that Ramesh (brother-in-law) had come with truck parked at hut of Bachchu and called upon Bangali at Madaiya. On 6.8.2001 at about 11:00 AM, he had gone to his field and seen his aunt Jaggo Devi weeping and screaming in Madaiya, he also arrived there and seen that dead body of Bangali was lying down with blood there. Bachchu his wife and Ramesh found absent therefrom. Accused-appellant Daryao was also absent from his house. It was suspected by the informant that his brother Bangali was murdered by accused Daryao, Bachchu and Ramesh. Thereafter, he went to his village and told his family members. Lekhraj and Rajendra Singh of the same village told him that at about 2:00 AM they were going towards their field, they had seen the truck of Ramesh standing there and Bachchu his wife and Daryao Singh were boarding on the truck. Informant had gone to police station for furnishing information. FIR further recites that dead body of Informant's brother Bangali was lying in the Madaiya of Bachchu.