Sunita Gupta, J.

1. These appeals have been preferred under Section 374 of Criminal Procedure Code, 1973 assailing the order dated 26th August, 2010 vide which the appellants Prakash Kumar @ Pakka, Suraj Kumar Thakur and Jai Kishan @ Jacky were held guilty for offences under Section 302/34 IPC while co-accused Prakash Raj @ Pintu was acquitted giving him benefit of doubt. Vide order dated 30th August, 2010, all the appellants were sentenced to undergo life imprisonment and also to pay a fine of Rs.1,000/- in default to undergo simple imprisonment for two months.

2. Prosecution case succinctly stated is as follows.

3. Police machinery was set in motion on receipt of an information regarding stabbing of one person, namely, Ram Chander on 22nd January, 2004 on the basis of which DD No. 16A, Ex. PW22/A was recorded in the Police Station, Patel Nagar. The said DD was handed over to SI Suresh Kumar who along with Constable Suresh Kumar reached the place of occurrence at Jhuggi No. WZ 157/207, Gali No. 1, Prem Nagar, Patel Nagar, Delhi. On reaching there, he came to know that Ram Chander was removed to hospital in PCR. No eye witness was available at the spot. After leaving C