R.K. Gauba, J.:

1. The two appellants, Mohd. Rashid (appellant No. 1) and Mohd. Yamin (appellant No. 2) stood trial in the court of learned Additional Sessions Judge, New Delhi in Sessions Case No. 03/1997 arising out of the report filed under section 173 of Code of Criminal Procedure, 1973 (Cr.P.C.) on conclusion of investigation in FIR No. 500/1996 under Section 302/34 of the Indian Penal Code, 1860 (IPC) of Police Station Ambedkar Nagar on the charge that on the night intervening 17th and 18th June 1996, in furtherance of their common intention, they committed the murder of Sohan Lal @ Pappu (aged about 24 years, resident of House No. F-243, J. J. Camp, Tigri, New Delhi) with the use of knife (Ex.P-1) by appellant No. 1 (A-1). It was further alleged in the case that during the course of investigation another knife (chhuri) was recovered from the possession of appellant No. 2 (A-2).

2. By judgment dated 17.01.2000, the trial court held both the appellants guilty and convicted them for the offence under Section 302 read with Section 34 IPC, for the murder of Sohan Lal @ Pappu. The charge under Section 27, Arms Act, 1959 against A-1 about use of the knife (Ex. P-1) in com