The quality of evidence is crucial, and doubts about testimony require corroboration. The prosecution must establish a credible and trustworthy case to prove the guilt of the accused.

G.S. Sistani, J.

1. Present appeals arise out of a common judgment dated 30.11.2012 and order on sentence dated 14.12.2012 passed by learned Additional Sessions Judge, Delhi, in Sessions Case No. 298/09. The appeals have been heard together and are being disposed of by a common judgment.

2. Present appeals have been filed by the appellants under Section 374(2) read with Section 482 of the Code of Criminal Procedure, and are directed against the impugned judgment dated 30.11.2012 and order on sentence dated 14.12.2012 passed by the learned Additional Sessions Judge convicting the appellants under Section 302/394 r/w 397/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life for the offence under Section 302 IPC with fine of Rs.10,000/- and in default to further undergo simple imprisonment for one year. The appellants were also sentenced to undergo rigorous imprisonment for seven years for the offences under Section 394/397 of the Indian Penal Code with fine of Rs.10,000/- and in default to further undergo simple imprisonment for one year.

3. Brief facts of the case, as noticed by the learned Trial Court, are as under:

On 08.05.2009 at 4.20 pm, an information was received in PS Sarita Vihar about an unknown person having been stabbed, under flyover Sarita Vihar, New Delhi. Information was recorded as DD No. 20A and was marked to SI Tika Ram for investigation. The latter along with Ct. Biren reached at spot i.e. under flyover Sarita Vihar, New Delhi. Injured was known to have already been taken to Trauma Centre, AIIMS by a PCR van. No person claiming to be eyewitness was found there. IO reached Trauma Centre after leaving Ct. Biren at spot. The injured had been declared as ‘brought dead’. The IO noticed that deceased had stab wounds on his abdomen. The intestines were protruding from the abdomen. Same was also having some injury marks near his left eye. Duty Constable handed over him a pullanda containing clothes of deceased and a sample seal. IO returned to spot. One Suman Kumar (complainant) met him there, who narrated the incident as under:

“I am residing at address mentioned above i.e. D175, Near Surya Public School, Sangam Vihar, New Delhi as a tenant and working with Max Well Security, Lado Sarai, NewDelhi. I was deputed at NHAI, Sarita Vihar. Today i.e. 08.05.2009, at about 3.50 pm, I was on my duty, watching the goods belonging to NHAI, lying under flyover Sarita Vihar. At about 3.50 pm, when I came out to ease water and was urinating near wall, I saw an auto rickshaw having been parked on Badarpur road. Two boys, one thin and tall in appearance while other of short height were grappling with a person aged about 30- 35 years. The boy having short height was armed with a knife. The victim came there, after climbing over the wall. He was holding his abdomen by hand. He threw his mobile phone which fell down on the ground after hitting a tanker belonging to NHAI. That person also fell down on the ground but somehow managed to get up and laid on a cot lying nearby. The offender, who was tall in body followed the victim and picked up mobile phone belonging to the latter. Both of assailants fled away in that auto rickshaw. I informed the incident to my Incharge Mr. Pandey, who further informed the incident to police control room by calling at phone No. 100”.

IO made an endorsement and got FIR registered in his case for offence punishableunderSection302 /394/397/34 IPC. After investigation of the case, police indicted both of accused for the offence punishable under Section 302/394/397/411/34 IPC. The accused persons were charged by this court on 01.12.2009 for the offence punishable under Section 394/34 and Section 397 IPC as well as for offence punishable under section 302/34 IPC. Accused persons pleaded not guilty and claimed trial when charge was read over and explained to them.

Accused Mahender Singh in his statement recorded under Section 313 Cr.P.C. admitted the evidence that in year 2007