JUDGEMENT

R.M. Lodha, J. —

These two appeals, by special leave, are directed against the judgment of the High Court of Delhi whereby the Division Bench of that Court affirmed the judgment of the Additional Sessions Judge, Delhi. The Additional Sessions Judge convicted the appellants for the offence punishable under Section 302 read with Section 34 IPC and sentenced them to suffer imprisonment for life.

2. On July 8, 2006, Dharam Pal (PW-3)—Head Constable—was on duty at Police Control Room in Police Headquarters from 8.00 p.m. to 8.00 a.m. At about 9.34 p.m., a telephonic message was received in the control room from telephone No. 9210325051 that a person had been shot at A- 450, Shastri Nagar. The said telephonic message was reduced to writing in the PCR Form (Exhibit PW-3/A) and communicated to the Police Station, Sarai Rohilla. Subhash Chand (PW-24), Sub-Inspector, on receiving the said communication (DD No. 31/A), left immediately for the place of incident with Head Constable Vijay Pal (PW-19). PW-24 and PW-19 reached the spot in front of Ahuja Clinic, ‘A’ Block, Shastri Nagar within 15 minutes of the receipt of the communication.

3. Raju (PW-11) was present at the spot. PW-24 r