Mukta Gupta, J.

1. Death Sentence Reference 5/2013 has been sent by the learned Additional Sessions Judge for confirmation of the death sentence awarded to Sunil and Sudhir. By Crl. Appeal No. 1219/2013 Appellants Sunil and Sudhir have challenged the judgment of conviction dated 31st July, 2013 convicting them for offence punishable under Sections 302/307/34 IPC and the order on sentence dated 27th August, 2013 awarding them sentence of death for offence under Sections 302/34 IPC. The appeal also challenges the conviction and sentence awarded to Sudhir for offences under Sections 25 and 27 Arms Act. By Crl. Appeal Nos. 1362/2013, 1463/2013, 1464/2013 and 345/2014 the Appellants Suresh, Surender, Raj Kumar and Sanjay have challenged the impugned judgment convicting them for offence punishable under Sections 302/307/34 IPC and sentence dated 27th August, 2013 directing them to undergo imprisonment for life.

2. Learned APP for the State has taken us through the evidence on record. The case of the prosecution unfolds from the statement of PW-3 Neeru, mother of the deceased Ex. PW3/1 on the basis of which FIR was registered. Neeru has stated that she had three daughters and one son. On 20th July, 2009 at 11.30 PM she and her daughter were standing outside their house when Sunil named goon and his younger brother Sudhir, who lived in the same locality, came there and created nuisance. They started passing lewd remarks and obscene gestures towards her daughter ‘N’. She and her son Subhash came out and objected to their wrong doing. Her son told them to get away from in front of their house. Sunil and his brother while hurling abuses to them said that they would teach them a lesson shortly. About twenty minutes later, Sunil, Sudhir, Rajkumar @ Danny, Suresh@Phullu, Surender @ Sonu Punjabi came there. Sunil was carrying a baseball bat in his hand, Sudhir a knife, Sonu Punjabi iron rod and Phullu and Danny were having empty bottles of liquor in their hands. They started challenging her son Subhash. On seeing them her son ran away towards the street. They all ran after him saying “this bastard must be killed, he has challenged our hooliganism.” They caught hold of her son in the street of Shiv Mandir. Sunil attacked her son with baseball bat on his head, Sonu Punjabi with iron rod and Phullu and Danny with empty bottles of liquor. Her son became unconscious and fell down. She and her daughter followed them while crying and shouting for help. Hearing their screams her nephew Naresh and neighbour Samir @ Kale followed them in order to intervene. The assailants also caught hold of her and her daughter. Sudhir stabbed Naresh with the knife he had been carrying and Sunil, Sonu Punjabi, Danny and Phullu also inflicted injuries on them. The empty bottles of liquor which Danny and Phullu were carrying in their hands were broken and their glass pieces got scattered in the street. In the scuffle Sunil fell on the glass pieces due to which he also sustained injuries. Thereafter Sunil and his accomplices ran from the spot leaving behind the baseball bat and iron rod etc. Sunil and his accomplices caused fatal injuries to her son while attacking them murderously with the common intention. The alleged incident took place around 12.00 in the night and the rukka was sent for the registration of the FIR at 2.15 AM on the intervening night of 21st July, 2009 and 22nd July, 2009.

3. Learned APP contends that the eye witnesses are the natural witnesses and despite there being social pressure, they have deposed in the court. He further states that the two incidents took place in succession and form integral part of the chain. The place of occurrence starts from the house of the deceased, Neeru and PW-27 ‘N’, sister of the deceased and ends at the Mandir. The witnesses have identified the spot as the one in front of Shiv Mandir where the deceased died. The seizures have been also effected from the said spot. PW-28 Inspector Yashpal Singh has admit