came there and informed that near Poultry farm, Atari Road, two boys are assaulting one another boy. It has been further mentioned that when he had gone to the place of occurrence he saw the dead body of a young boy drenched in blood. He has further stated that near the dead body one pair of leather footwear and a velvet scabbard was also lying. He telephonically informed the police about the incident, the police reached there and dehati merg Ex.P-17 was recorded. FIR Ex.P16 was lodged by Pawan Kumar Thakur (PW-3) against two unknown persons under Section 302 IPC. Inquest on the body of deceased was prepared vide Ex.P-2 and body was sent for postmortem examination which was conducted by Dr. Ulhas Gonnade (PW-16) vide Ex.P-20 on 28.02.1997 who opined that the cause of death was shock and hemorrhage due to multiple stab injury present over body and death was homicidal in nature. During investigation, memorandum of the accused/appellant Ex.P-9 was recorded on 5.03.1997 based on which recovery Ex.P-10 of dagger ( katar) was made from the bushes. On the basis of memorandum of accused/appellant Ex.P-11, seizure of Luna vide Ex.P-12, shirt and pant of the appellant vide Ex.P-13 was made whereas vide Ex.P-14 some love letters are said to have been seized. From the spot vide Ex.P-3, one pair of leather footwear whereas vide Ex.P-6 love letter and vide Ex.P-7 shirt of the deceased was recovered. As per FSL report (un-exhibited) in the article c and c-1 i.e. shirt and pant, blood has been found and likewise in the dagger (article e) blood has been found. From the co-accused Pranjal Tiwari, shirt and pant was seized and blood was found on those articles as per the FSL report (un-exhibited). As per query report Ex.P-21 blood was also noticed on the shirt worn by the deceased. While framing the charge trial judge has framed charge against the appellant and co-accused Pranjal under