Gita Mittal, J.

1. These two appeals assail the judgment dated 7th August, 2000 finding the appellants guilty of commission of the offence under Section 302 read with Section 34 of the IPC in Sessions Case No. 246/1996, arising out of FIR No.603/1995 which was registered by the police station Nand Nagri, after a joint trial by the common judgment. Pursuant to their conviction by a separate order of 7th August, 2000 itself, the appellants were sentenced to imprisonment for life each and fine of Rs.5,000/- each, in default of payment of fine, it was directed that they shall undergo simple imprisonment for one month each.

2. Inasmuch as the appellants Naresh Kumar @ Raju, Purshottam Kumar @ Kaku and Mukesh Kumar have filed Crl.A.Nos.523/2000 & 535/2000 assailing this common judgment and order on sentence, we have taken them together for consideration and adjudication.

3. The record of the case shows that one Kashmiri Lal, 16 year old resident of D-3/356, Nand Nagri, Delhi was admitted to the Tandon Nursing Home, D-229, Vivek Vihar, Delhi by his brother Billu (PW4) and a c