P. K. BHASIN, J.

( 1 ) THESE three appeals have been preferred against the judgment dated 18-03-2006 passed by the learned Additional Sessions Judge, Delhi in Sessions case No. 78/05 whereby the three appellants have been convicted under Sections 396/397/400/201 IPC and the order dated 05-04-2006 whereby life imprisonment has been imposed upon all of them for their conviction under Sections 396 and 400 ipc besides rigorous imprisonment for seven years and a fine of Rs. 1,000/-each, in default one month?s simple imprisonment, for their conviction under section 201 IPC. Since all the appeals arise out of the same judgment and were heard also analogously the same are being disposed of by this common judgment.

( 2 ) THE facts leading to the trial and conviction of the appellants, as noticed by the learned Additional Sessions Judge in para nos. 1 to 5 of the impugned judgment, are as follows:-

"1. The history of this case is that during the intervening night of 29/30. 8. 1998, a dacoity-cum-murder took place at the residence of one Mahesh chand Gupta at D-50, Ganga Vihar, Gokul Puri, Delhi in which the said Mahesh chand was killed and his wife Smt. Madhu Gupta and his sons Master Gaurav were injured. An FIR bearing No. 606/98 was registered at police station Gokul Puri u/s 396/397 IPC and investigation was entrusted to Additional SHO Shri S. S. Rana, which was later on transferred to the SHO, PS Gokul Puri and then the same was further transferred to Inspector Rajesh Kumar of District Crime Cell, North-East district. The injured/smt. Madhu Gupta moved the Hon?ble High Court alleging that fair investigation was not being done by Delhi Police, so Hon?ble High court vide its order dated 15. 3. 1999 transferred the investigation of this case to CBI and accordingly the present case No. RC2 (S)/99/sic. I/new Delhi was registered U/s 396/397 IPC and investigation was handed over to Shri H. C. Bisht, dsp, CBI, who conducted the investigation, arrested the accused persons and filed the challan. 2. This case has taken many twists and turns. Initial statement of injured Gaurav, aged 14 years was recorded in the hospital at about 7:00 AM in the morning of 30. 8. 1998 in which, he had stated that at about 3:00 AM, he heard the shouts of his father. When he woke up, he saw that one young person was

standing at the door of the room holding a revolver in his hand and two young persons had caught hold of his father and a third young man had put a knife on the neck of his father and he was asking about the keys of Almirah. Two more young persons were also there, out of which one had caught hold of his mother and other one had pointed a knife on the neck of his mother and that person was abusing and also asking about the keys of Almirah and was threatening to kill her. Mother of complainant shouted and on this, the person, who had caught hold of his mother, told others to attack them because they would not tell about the keys otherwise. On this, one of those assailants gagged the mouth of his mother and the other man gave several knife blows on the abdomen and legs of his mother. When father of complainant tried to rescue his mother, the two assailants who had caught hold of his father, gagged his mouth and the third boy holding the knife gave several knife blows on the person of his father. 3. In the meantime, the boy standing at the door, gagged the mouth of the complainant and when the complainant tried to catch hold of the hands of this person, at that time the person who was attacking his father with knife, gave a knife blow on the right hand of complainant and the person, who was holding him, hit his head with the revolver. The father of complainant fell down on the cot and his mother requested the assailants to leave them while handing over the keys of the Almirah to them and then his mother also fell down on the bed. Thereafter two boys kept on pressing the mouth of his father and mother and they did not allow them to move. The remaining th