Manmohan Singh, J.

1. These two appeals are directed against impugned judgment dated 08.04.2009 and subsequent order on sentence date 20.04.2009 delivered by Additional Sessions Judge, North East District, Delhi in case No. 50/2006, FIR No. 191/2002, P.S. Vivek Vihar, whereby the appellants Sapna Talwar and Satyajeet were convicted under Section 302 IPC and were sentenced to rigorous imprisonment for life, they were also convicted under Section 365 IPC and were sentenced to undergo simple imprisonment for five years and pay a fine of Rs. 1000/- in default of which to undergo simple imprisonment for three months. Further, appellants Sapna Talwar and Satyajeet were also convicted under Section 201 IPC and were to undergo simple imprisonment for two years and pay a fine of Rs. 500/- in default of which to undergo simple imprisonment for one and a half months. Appellant Yunus was only convicted for an offence under Section 120B IPC. In addition, Sapna Talwar and Satyajeet have also been sentenced under Section 120B IPC and all three of them were to undergo rigorous imprisonment for life for offence under the abovementioned provision.

2. All the aforesaid sentences were to run concurrently and all the three were given benefit of Section 428.

3. The facts as per the prosecution's case are that on 13.07.2002 one Laxman Dass informed the police that his younger brother Vijay Kumar (hereinafter referred to as the deceased) was missing, he said that 12.07.2002 at about 1:00 pm, his brother was to meet one person from Haridwar in the Meridian Hotel, Delhi but that meeting was not held and since then his brother was missing. During the investigation police interrogated Yunus the appellant herein, who stated that appellants Sapna and Satya Jeet had departed to Lucknow. The police contacted the Lucknow Railway police and both the accused persons were arrested at the Lucknow Police Station by the local Railway police at Lucknow.

4. Thereafter, on 22.07.2002, both the accused persons were brought to Delhi by the Delhi Police officials. They made disclosure statements. Thereafter, it was discovered that the appellant Sapna was an employee of the deceased and had got the job on the recommendation of Satyajeet. It is alleged that the deceased used to sexually exploit appellant Sapna. Therefore, to take revenge, Sapna married Satyajeet with an under taking that both of them would kill the deceased Vijay kumar, therefore, both of appellants hatched a conspiracy and were joined by their co-accused Yunus, a friend of Satyajeet in their plan. It is alleged that appellant Yunus gave the other appellants his mobile phone to be used with other SIM card and also provided them with a country made pistol (katta) which was used by them to kill the deceased.

5. As per the prosecution story, on 12.07.2002 accused Sapna enticed the deceased to come to meet her near the C.B.S.E. building at about 6:30 pm where they kept having fun for some time. Thereafter, both the accused persons, Satyajeet and Sapna accompanied the deceased in his car to Ghaziabad border where they purchased liquor and all of them started having it. Then Sapna administered sleeping pills in the liquor of the deceased and when he became unconscious they went to Dadri through Bulandshahar highway and on reaching a small canal, they tied him, then took him out and repeatedly hit him on his head with their country made pistol and then strangulated him to death with a string. They threw his body in that same canal with the help of one unknown passerby and left for Haridwar. For the next few days the accused persons kept fleeing from one place to another and during this time they were duly assisted and supported by the accused Yunus who at last after giving a sum of Rs. 1000/- made them board the train to Lucknow.

6. On being arrested by the police, the accused Sapna and Satyajeet made their disclosure statements, Ex.PW 20/A and Ex.Pw 20/B respectively, pursuant to that on 23.07.2002 the police