JUDGMENT :

MOHAN M. SHANTANAGOUDAR, J.

1. The judgment dated 27.08.2009 passed by the High Court of Delhi in Criminal Appeal Nos. 144 of 2007 and 51 of 2007 has been called in question in the instant appeals. By the impugned judgment, the High Court affirmed the order of conviction passed by the Trial Court against Sharda Jain (A-1), Raj Kumar (A-2), Pushpender (A-3), Nirvikar (A-4), Rajender (A5) and Roshan Singh (A-6) for offences under Section 302 r/w 120-B and Section 364 r/w 120-B of the Indian Penal Code (hereinafter ‘IPC’). Sharda Jain, Raj Kumar, and Roshan Singh were also convicted under Section 201 r/w 120-B of the IPC.

2. The case of the prosecution in brief is that Atma Ram Gupta (hereinafter ‘deceased’) who was a Councillor of the Municipal Corporation of Delhi (hereinafter “MCD’) went missing on 24.08.2002. On that day, he left his residence around 10.30 a.m. informing his wife Sumitra Gupta (PW-18) that he would first be going to the house of another Councillor of the MCD, Sharda Jain (A-1) and then be proceeding to attend a Congress Party rally at the Ferozshah Kotla Grounds along with her. His driver, Prabhu Yadav (PW-17) drove him to the residence of Sharda Jain and