Dr. S. Muralidhar, J.

1. These appeals are directed against the impugned judgment dated 22nd August, 2014 passed by the learned Additional Sessions Judge –II (North-West) (“ASJ”), Rohini Courts, Delhi in Sessions Case No.85/2013 arising out of FIR No.278/2011 registered at Police Station (“PS”) Adarsh Nagar convicting Rudramani @ Rukmani @ Guderia @ Rohit (Accused No.1 – “A-1') and both the Appellants Rohit Kumar @ Rahul (“A-2”) and Sunil (“A-3”) for the offences under Sections 392/34 and 302/34 of the Indian Penal Code (“IPC”). By the same judgment A-1was additionally held guilty of the offence under Section 392 read with Section 397 and Section 302/34 IPC as well as Sections 25, 54 and 59 of the Arms Act.

2. These two appeals by A-2 and A-3 are also directed against the order on sentence dated 3rd September, 2014 of the trial Court whereby each of the Appellants i.e. A-2 and A-3 were sentenced for the offence under Section 302 IPC to rigorous imprisonment (“RI”) for life with a fine of Rs.1 lakh and in default of payment of fine to undergo simple imprisonment (“SI”) for a period of six months; and for the offence under Section 392 IPC to undergo RI for ten years with a fine of Rs.5,000/- and in default of payment of fine to undergo SI for one month. Both the sentences were directed to run concurrently.

3. At the outset, it must be mentioned that as far as A-1 is concerned, in his appeal, a Division Bench of this Court has by an order dated 20th October 2016 in his appeal (Crl. A. No. 374 of 2015) held that he was a juvenile as on the date of commission of the offence and was entitled to the benefit of Juvenile Justice (Care and Protection of Children) Act, 2000 (JJ Act). His appeal was, therefore, separated from the present two appeals – one by A-2 Rohit (Crl. Appeal No.139/2015) and the other by A-3 Sunil (Crl. Appeal No.1541/2014).

Case of the prosecution

4. The case of the prosecution is that a PCR call was received from one Mohd. Moazzam (PW-3) having mobile number 9990639518 at around 10.30 pm on 15th October, 2011 to the effect that four boys were stealing from certain persons below the Adarsh Nagar Metro station. The precise message as noted in the PCR read: “yahan par chaar log jo kucch logo ko loot rahe hai caller ne bataya ki yeh 15 minutes pehle kee baat hai.” This information was reduced to writing as DD No.89B (Ex.PW24/A) at PS Adarsh Nagar and sent to Sub Inspector (SI) Afaque Ahmed (PW-24) who along with constable (Ct.) Pradeep (PW-9) went to the spot i.e. near Adarsh Nagar Metro Station towards Indira Nagar Market.

5. There PW-24 met Head Constable (“HC”) Himmat Singh (PW-23) who informed him that the injured had been shifted to the BJRM Hospital in the PCR van. According to PW-23, he had reached the spot at around 10/10.15 pm and remained there till 11/11.15 pm but was unable to find any eye witness. After the PCR came to the spot, they realized, after checking his bag, that the injured person was a constable in Delhi Police.

Medical evidence

6. At the BJRM Hospital, Dr. Ajit Tripathi examined the injured and declared him brought dead in the MLC (Ex.PW30/A). The signatures of Dr. Ajit Tripathi were identified by Dr. Gopal Krishna (PW-30).

7. Subsequently, the post-mortem of the deceased was performed by Dr. Bhim Singh (PW-29), who noticed the following external injuries:

“1. Incised stab wound 3.2cm x 0.8 cm x cavity deep, left side of chest in the seventh intercoastal space, situated 12cm below and lateral from left nipple, lower angle of wound was obtuse, upper angle was acute, wound was obliquely placed.

2. Incised wound 3cm x 0.2cm x 20.4 cm was present middle of forehead.”

8. On internal examination, PW-29 noted:

“Head and neck: all the organs were intact, brain was pale.

Chest:- Chest wall shows cut mark through and through in the seventh intercoastal space, wound travels slightly upwards cutting the o