Sanjiv Khanna, J.

1. Nipun Gola @ Nikhil and Amit @ Chunnu, two appellants impugn their conviction for murder with common intention, of Sunil by Judgment dated 24th September, 2013 in Sessions Case No. 91/2011 arising out of FIR No. 186/2011. By order of sentence dated 26th September, 2013, two appellants have been sentenced to life imprisonment with fine of Rs.10,000/- each and in default thereof they have to undergo rigorous imprisonment for one year. Benefit of Section 428 Code of Criminal Procedure (“Cr.PC” for short) has been granted.

2. There is hardly any debate that dead body of Sunil was found on 21st June, 2011 at about 12.40 PM at A-4/48 and 49, New Kondli, Delhi. This information was received by the Police Control Room from a mobile phone and was recorded vide DD No. 2A. Thereupon Const. Krishan Yadav (PW8), PS New Ashok Nagar, Delhi along with SI Neetu Kumar (PW13) visited the spot and on the third floor in one of the rooms on the north-west side, dead body of a male aged between 18-20 years was found lying on the floor. There were four rooms on the third floor of the said house. A checked ligature cloth having two knots was tied around the neck of the body and two pillows soaked in blood were lying under the neck of the body. There were blade cut marks on both hands and on both sides of the chest. Clothes had been removed and Sunil was wearing an underwear. The room had been ransacked and the belongings were lying scattered. On enquiry by Const. Krishan Yadav (PW8) and SI Neetu Kumar (PW13), it transpired that parents of the deceased had gone to their village in Nainital. SI Neetu Kumar (PW13) stated that lock of the iron box was found broken. Crime Team was called to the spot to inspect the scene of crime and submitted their report. SI Neetu Kumar (PW13) prepared the rukka (Ex. PW13/B) and the same was sent to the police station for registration of the FIR. Dead body of Sunil was sent to LBS Hospital Mortuary for preservation and thereafter the investigation was entrusted to Insp. Suraj Pal Giri (PW5).

3. The aforesaid factual position has been supported by Savitri Devi (PW3) who used to reside in another room on the third floor of the same property and has deposed that at about 12.00 noon she noticed that curtain of the room where Sunil was residing was protruding outside but the door was closed. She then went near the door to see whether anyone was present in the room, but no movement was noticed. Thereafter, she called the landlady who resided on the ground floor, who in turn called her son Manoj on the telephone. Manoj reached the spot and sometimes thereafter police reached the spot and entered the room. Sunil was lying on the floor with a cloth covering his body upto neck. A rope was tied around his neck and Sunil was dead.

4. In the post mortem report (Ex. PW2/A) which was proved by Dr. Vinay Kumar Singh (PW2), he deposed that death was caused due to Asphyxia due to ligature strangulation caused upon the neck. All injuries were ante mortem in nature. Ligature strangulation was sufficient to cause death in the ordinary course of nature. He also pointed out that the deceased had consumed alcohol prior to his death and death in this case was homicidal.

5. The main issue and contention raised in the present appeal is whether the two appellants were perpetrators of the crime as held by the Trial Court. There are no eye witnesses and the prosecution relies solely upon circumstantial evidence. FIR (Ex. PW1/A) does not name the two appellants but states that on 20th June, 2011 at about 10 or 10.30 AM in the morning two boys along with deceased had entered the room in question and possibly the said unidentified boys/persons had committed the murder and therefore, an offence under Section 302 IPC was made out. On the question of identification of the two appellants as the perpetrators, we have to refer to the testimony of Savitri Devi (PW3) and Ramesh Singh Rawat (PW9) father of the deceased.

6. Savitri