1. Since both these appeals have been preferred against a common judgment of conviction and order on sentence, therefore, both these appeals are taken together.

2. The present appeals have been filed by the convicts/ appellants (hereinafter referred to as “the appellants”), namely, Arun Kumar and Mahender Singh against the judgment dated 26.04.2016 rendered by the learned ASJ Sh. Anil Kumar in Sessions Case No.23/2014 whereby the appellants have been convicted under Section 394 and 302/34 IPC, and against the order on sentence dated 05.05.2016 whereby the appellants have been sentenced to imprisonment for life along with fine of Rs.20,000/- each, and in default of payment of fine, to further undergo six months rigorous imprisonment for the offence punishable under Section 302/34 IPC; and sentenced to undergo rigorous imprisonment for ten years with fine of Rs.5,000/- each and, in default of payment of fine, to further undergo rigorous imprisonment for three months for the offence punishable under Section 394 IPC.

3. The factual matrix emerging from the record is that on 26.07.2010 around 00:40 a.m., on receipt of a missing report by Rajesh Singh in respect of Naresh Bhatti vide DD No.3A (Ex.PW25/A), SI Arvind Kumar made efforts to trace the missing person i.e. the deceased. Later in the morning on 26.07.2010, information was received from Insp.Ashok of Police Station Sohna, Haryana that a dead body was found in the above said car near Palwal Road. The complainant Krishan Kumar proceeded to the spot. He identified and received the dead body of his brother Naresh Bhatti. Thereafter, the complainant Krishan Kumar got his statement recorded in the police station at 5.10 p.m. on 26.07.2010. In his statement, Krishan Kumar stated that his elder brother Naresh Bhatti was working as Manager in the shop of his brother-in-law Rajesh Singh in the name and style of Sri Krishna Steel and Cement Store, situated at Plot No.57, U Block, New Roshanpura, Main Gurgaon Najafgarh Road, Delhi. On 25.07.2010 at about 7 p.m., Naresh Bhatti left the shop after closing it for his house, having Rs. 2 lakhs in cash, along with driver Arun who was employed 6-7 days back, in his car make Chevrolet Aveo bearing registration No.DL-2C AJ 1338. Since he did not reach home till late night, his brother-in-law Rajesh Singh informed the police about his going missing. Krishan Kumar-younger brother of the deceased raised his suspicion on driver Arun for the crime.

4. On the basis of statement made by the complainant, FIR was registered under Section 365/302 IPC on 26.07.2010. The Investigating Officer visited the place from where the dead body of the deceased was found and prepared the site plan at the instance of Insp. Ashok Kumar. Inquest papers of the deceased were obtained and the cause of death of the deceased was given as-due to fire arm injury, leading to spot death. Exhibits were taken from Insp.Ashok Kumar and the same were seized and deposited in malkhana. On 31.07.2010, accused Arun Kumar and Mahender Singh were arrested who disclosed the commission of the offence. They disclosed that due to financial crunch, they committed the robbery and murder of the deceased. They disclosed that they had looted the money, mobile phone, as well as chain of the deceased. After commission of the murder, they had thrown the country made pistol and two live cartridges in the field. Accused Mahender Singh disclosed that he had inserted his sim in the mobile phone of the deceased and made a call to a known person, and then he threw the mobile phone in the bushes near Sardar ka Dhaba at Bhogaon-Bevar Road. It was also disclosed by Mahender Singh that out of the looted booty, accused Mahender Singh got Rs.60,000/- as his share and he deposited a sum of Rs.37,000/- in his bank account on 26.07.2010.

5. The motorcycle bearing No.UP-84C-1308 possessed by the accused was seized. From the search of accused Mahender Singh, one deposit slip of Rs.37,000/- of Bank of India was