G.P. Mittal, J.

1. Appellants Arun Kumar, Ram Parkash @ Guddu, Krishan Kumar @ Krishna, Prithvi Raj and Rani impugn the judgment dated 26.02.2011 and the order on sentence dated 15.03.2011 passed by the Additional Sessions Judge (ASJ), West 02, Delhi whereby the appellants were convicted for the offence punishable under Section 302/ 34 read with Section 120B of the Indian Penal Code, 1860 (IPC) and were sentenced to undergo imprisonment for life and to pay a fine of Rs.5,000/- each. In default of payment of fine, each of the appellant was sentenced to undergo simple imprisonment for six months.

2. Succinctly stated, case of the prosecution is that Satdev Rathi (the deceased) was working as a Manager in a factory named K.N. Inter Plast Pvt. Ltd. owned by one Kuldeep Singh Dalal (PW-13). The five appellants were employed in the earlier said factory. It is case of the prosecution that 2-3 months before the incident, appellants Ram Parkash @ Guddu, Krishan Kumar @ Krishna and Prithvi Raj had consumed liquor in the factory while they were on duty and had then misbehaved with the deceased. On account of this misbehaviour, they were expelled from service.

3. It is further alleged tha