( 1 ) SESSIONS case No. 88/99 culminated into the conviction of three accused namely S/shri Dhanvir s/o Bhagwana, Chander Pal s/o Babu Ram and Sita Ram s/o Har Deo by the learned Additional Sessions Judge vide his judgment dated 27th February, 1998. They have been found guilty for an offence punishable under Section 302/34 IPC and have been sentenced to undergo life imprisonment and to pay fine of Rs. 5,000. 00 each. In case of default of payment of fine to further undergo Rl for another three months. Chander Pal and Sita Ram have been found guilty under Section 392/34, I. P. C. as well as under Section 25 of the Arms Act. Whereas Dhanvir has also been found guilty under Section 392/397/34, Indian Penal Code and also under Section 27 of the Arms Act. They are to get benefit under Section 428 Cr. P. C. in regard to substantial sentence awarded under Section 392/34 and 397 Indian Penal Code as well as under Sections 25 and 27 of the Arms Act. These sentences are to run concurrently and in default one after the other after expiry of period of substantial sentences.-

( 2 ) S/sh. Dhanvir and Chander Pal felt aggrieved with the impugned judgment and order passed by the learned Additional judgment and order passed by the learned Additional Sessions Judge hence approached this Court by way of their aforementnined respective appeals. Criminal Appeal No. 302/98 has been filed by Dhanvir and Criminal Appeal No. ll0/98 has been preferred by Chander Pal. As stated at the Bar, g Sita Ram, the third accused has not assailed the impugned judgment and order.

( 3 ) IN order to appreciate the challenge raised by these appellants we may acquaint ourselves with the facts of the case leading to the passing of the impugned judgment. As per the version put by the prosecution, Smt. Rita (Public Witness -4) along with her husband late Gopal Ballabh and their children have been residing at C-127, Bhagirath-Vihar, P. S. Gokulpuri, Delhi. Deceased Gopal Ballabh was working as Chief Cashier in Dena Bank, Lodhi Road Branch. On 8th July, 1989 she along with Gopal Ballabh went to see the plot of her brother Mahender at Ram Park ahead of Loni Road. They reached the house of her brother. After taking meal they left the house of her brother Mahender at about 8. 30 PM. for Delhi. Since they could not get bus for their house hence certain distance they covered by Rickshaw. That in order to catch DTC bus No. 2 from Shahdarathey hired a TSR (Scooter ). They get down from TSR near Loni Post at Kavita Palace Cinema at a bout 9/9. 30 PM. From there they walked on their left side of the pucca road. Hardly had they reached near Pulia of Ganga Vihar when she found three persons coming in their right side. Those persons thus cams in front of Smt. Rita (Public Witness -4) and her husband. One of them who was identified by Smt. Rita (PW 4) later on as Dhanvir gave knife blows to her deceased husband. Similarly identified by PW-4 Smt. Rita, Sita Ram accused caught hold of her husband and Chanderpal caught hold of her and gagged her.

( 4 ) AS a result of knife injuries inflicted, her husband started bleeding profusely, fell on the road and became unconscious. However, when she succeeded in raising alarm for help, all the three persons fled away. While help, as a result those three persons fled away. While fleeing accused Chander Pal snatched her silver chain weighing I to 1-1/2 tola which she was wearing at that time. According to her those persons were armed with knifes. Accused Dhanvir was wearing check bush-shirt and pant. Other two were wearing clothes of black colour. On hearing her cries some people came there. She sought their help to inform the matter to the police. Shri Mohan (Public Witness -6) acceded to her request. He went to the check post of Loni Road and informed the police about Gopal Ballabh lying on the pulia. On the basis of the said information supplied by Mr. Mohan (Public Witness -6) DD No. 17-A dated 8th July, 1989 was recorded.

( 5 ) INS