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 Constable Suresh Kumar at the spot, SI Suresh Kumar went to DDU Hospital. In the meanwhile, Constable Kishan Singh reached DDU Hospital and handed over DD No.44B, Ex. PW 22/B mentioning about the death of Ram Chander to SI Suresh Kumar. Inspector Ram Sewak, SHO, Police Station, Patel Nagar also reached the DDU Hospital on being apprised about both the DD entries. SI Krishan Kumar collected the MLC of deceased Ram Chander on which the doctor had mentioned ‘brought dead to casualty’. On inspection of dead body, one stab injury on left side of the chest of the deceased was noticed. Ramadheen @ Molla, elder brother of the deceased met the police officials in the hospital and SI Suresh Kumar recorded his statement Ex. PW3/A, which became bedrock of investigation. FIR Ex.PW2/A was recorded.

4. Scene of the occurrence was inspected by the Investigating Officer of the case. The Crime Team and the photographer arrived at the spot and photographs were taken. Site Plan of the scene of occurrence was prepared at the instance of Ramadheen @ Molla. Blood lying in the Jhuggi, earth control, blood stained stones were lifted from the spot and were seized vide seizure memos Ex. PW-3/B to Ex.PW3/D. Post mortem of the dead body of the deceased Ram Chander was conducted by Dr. M.M.Narnaware who gave his report Ex.PW12/A. After post mortem, the dead body of deceased Ram Chander was handed over to his brother and wife, vide handing over memo Ex. PW3/F.

5. It is further the case of the prosecution that on 1st February, 2004, accused Suraj was apprehended from the gate of Railway Station, Patel Nagar at the identification of complainant Ramadheen. He was arrested vide memo Ex. PW3/G. On 13th April, 2004 accused Prakash Kumar @ Pakka and accused Prakash Raj @ Pintu were apprehended on the basis of secret information from Punjabi Basti, Baljit Nagar, Delhi. Both of them were interrogated and their disclosure statements Ex. PW-3/P and Ex. PW-3/Q were recorded. Both the accused were arrested. Both the accused pointed out the place of incident. In pursuance to the disclosure statement made by the accused Prakash Kumar @ Pakka, one button actuated knife was recovered from the bushes near Railway line, which was seized vide seizure memo Ex.PW3/U. The case properties were deposited in Malkhana. Subsequent opinion of the Doctor regarding weapon of offence was obtained. Search for remaining accused were made but they could not be arrested as such charge sheet was submitted against three accused, namely, Suraj Kumar, Prakash @ Pakka and Prakash Raj @ Pintu. Accused Jai Kishan @ Jacky and Vikram were put in column No.2.

6. During the course of trial, accused Jai Kishan @ Jacky who was earlier declared proclaimed offender was arrested on 26th February, 2005 and supplementary charge sheet