B.N. Chaturvedi, J.

1. Tried on charges under Sections 302/34 IPC and 386/511/34 IPC in Sessions case No. 62/2002 arising out of an FIR No. 168/2001 under Sections 364A/302/34 IPC read with Section 120B IPC, PS Kapashera, the appellants stand convicted thereforee by a judgment dated 16.8.2003 of Additional Sessions Judge, New Delhi and sentenced to (i) imprisonment for life and a fine of Rs. 1,000/- each, in default of payment of fine SI for one month under Sections 302/34 IPC and (ii) RI for three years and a fine of Rs. 1,000/- each, in default of payment of fine, SI for three months under Section 386 read with Sections 511/34 IPC.

2. The sentences of imprisonment are to run concurrently.

3. The appellants are in appeal against the aforesaid judgment of conviction and order of sentence, passed by learned Addl. Sessions Judge, Delhi.

4. The appellants faced trial on the allegations that they committed murder of a 12 year old child and tried to extort Rs. 3 lacs from the father of the child by making a phone call for his safe release. The facts of the case reveal that on 6th of October, 2001 at about 2.00 p.m., Deepak, deceased, left his house telling his mother that he was