Kailash Gambhir, J.

1. By this common order we propose to decide three appeals under Section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C”) preferred by Anil Kumar, Saravjeet Singh and Tilak Raj, respectively, challenging the judgment and order on sentence dated 07.10.1998 and 09.10.1998, whereby the learned Additional Sessions Judge, Delhi has convicted them under Section 302 of Indian Penal Code, 1860 (hereinafter referred to as “IPC”) and sentenced to undergo imprisonment for life together with fine of Rs. 500/- each and in default thereof to further undergo rigorous imprisonment for a period of one month.

2. The case of the prosecution as it is unfolded in the chargesheet is as under:-

“On 06.09.1985 Duty Constable Sultan Singh informed the police that Shri Trilok Chand s/o Shri Santram had been admitted in the hospital in an injured condition by Mr. Ashoki, son of Shri Risal Singh. On this information DD. No. 30-A at P.P Prasad Nagar was recorded and copy of it was handed over to ASI Balbir Singh. Who went to hospital and obtained the MLC of the injured. Since doctor declared him fit for statement ASI Balbir Singh recorded his statemen