JUDGMENT

RANJAN GOGOI, J.

Leave granted in SLP (Crl.) No. 1939 of 2011.

Each of the appellants in the appeals under consideration have been convicted under Sections 364 and 302 read with Section 34 of the Indian Penal Code by the Learned Additional Sessions Judge, Rohini, Delhi. They have been sentenced to undergo RI for 10 years for the offence under Section 364/34 IPC whereas for the offence under Section 302/34 IPC they have been sentenced to undergo RI for life. Aggrieved, appellant Dharminder Singh @ Vijay Singh had filed Crl. A. No. 603/2008 and appellant Chintu Malhotra had filed Crl. A. No. 406/2008 before the High Court of Delhi. As the said appeals have been dismissed by the common order of the High Court dated 11.05.2009 appellant Dharminder Singh @ Vijay Singh has filed Crl. A. No.1614/2010 whereas appellant Chintu Malhotra has filed the connected appeal. Both the appeals were heard together and are being disposed of by this common order.

2. The prosecution case, in short, is that on 26.08.2000 the accused-appellants alongwith two other co-accused, namely, Gyan Chand Kashyap @ Kalu and Mohd. Tayyab Alam had hired Maruti Van No. DL 3CR 1271 to go to Haridwar. The said Van w