(1.) Criminal Appeal No. 252/2001 filed by appellant-Nanka @ Bhagwandas and Criminal Appeal No. 157/2001 filed by appellant-Munna alias Shivjal are arising out of the judgment of conviction & order of sentence dated 2.2.2001 passed by the Additional Sessions Judge, Surajpur, in Sessions Trial No.93/99, therefore, they are being disposed of by this common judgment.
(2.) The aforesaid criminal appeals are directed against the judgment of conviction & order of sentence dated 2.2.2001 passed by the Additional Sessions Judge, Surajpur, in Sessions Trial No.93/99, whereby & whereunder learned Additional Sessions Judge after holding the appellants guilty for causing homicidal death of Bhuneshwar amounting to murder, convicted them under Section 302 of the Indian Penal Code and each of them have sentenced to undergo imprisonment for life and to pay a fine Rs. 1000/-, in default of payment of fine to further undergo rigorous imprisonment for 5 months.
(3.) Judgment is impugned on the ground that without there being any credible and clinching evidence relating to last seen, the Court below has convicted and sentenced the appellants and thereby committed illegality.