S. MURALIDHAR, J.

1. These two appeals are directed against the common impugned judgment dated 3rd April 2013 passed by learned Additional Sessions Judge-II (North-West), Rohini Courts, Delhi in Sessions Case No.38/2011 arising out of FIR No.115/2011 registered at PS Shalimar Bagh convicting the three Appellants herein, i.e. Sunder Paswan (A1), Lal Babu @ Sanjay (A2) and Devender @ Bedu (A3), as follows:

(i) All three Appellants were convicted of the offence under Section 302/34 IPC.

(ii) A1 and A2 were convicted for the offences under Section 394 read with Sections 397/34 IPC.

(iii) A2 was convicted for the offence under Section 394/34 IPC.

(iv) A1 was further held guilty for the offences under Section 25/27/54/59 Arms Act.

2. These appeals are also directed against the order on sentence dated 16th April 2013 whereby the Appellants were sentenced in the following manner with a direction that sentences were to run concurrently:

(i) For the offence under Section 302/34 IPC, all three Appellants were sentenced to rigorous imprisonment (RI) for life along with fine of Rs.50,000/- and in default of payment of fine, to further undergo simple imprisonment (SI) for six months. It was further directed that the fine amount, if recovered, shall be given to the family of the deceased Buddhi Lal as compensation under Section 357 Cr PC.

(ii) For the offence under Section 397/34 IPC, A1 and A3 were sentenced to RI for a period of seven years along with fine of Rs.5,000/- and in default of payment of fine, to further undergo SI for one week.

(iii) For the offence under Section 394 IPC, A2 was sentenced to RI for a period of five years along with fine of Rs.5,000/- and in default of payment of fine, to further undergo SI for one week.

(iv) For the offence under Section 25/27/54/59 Arms Act, A1 was sentenced to RI for a period of five years along with fine of Rs.5,000/- and in default of payment of fine, to further undergo SI for one week.

3. Crl. Appeal No.1043/2013 has been filed by A1 and A3 jointly while Crl. Appeal No.1328/2014 has been filed by A2.

Charges

4. The first charge against the three accused was that at around 10 pm on 30th March 2011, at C & D Block, Outer Gate, near Badli Mor, Shalimar Bagh, in furtherance of their common intention, they committed the robbery of a mobile phone of make “Spice S-525” and voluntarily caused hurt to the deceased Buddhi Lal and thereby committed an offence punishable under Sections 394/34 IPC.

5. The second charge was that all of them, in furtherance of their common intention, murdered the deceased by inflicting knife blows - including two on his chest - while committing the aforesaid robbery and thereby committed an offence punishable under Section 302/34 IPC. Separate charges under Section 397 IPC were framed against A1 and A3 for using a deadly weapon (knife) at the time of committing the robbery. A1 was also charged under Section 25/27/54/59 Arms Act.

Initial PCR call

6. Head Constable Sangeeta (PW11) received a Police Control Room (“PCR”) call at around 10:23 pm on 30th March 2011 while posted in Shift-A at the Police Headquarters (“HQ”) as a Channel Operator about a murder having taken place (“khoon ho gaya hai”) at C & D Block, Shalimar Bagh near Badli Mor, Gate No.4.

7. Meanwhile, Head Constable Pawan Kumar (PW5), who was posted as Duty Officer at PS Shalimar Bagh, received a PCR call at around 10:35 pm on 30th March 2011 regarding the same incident from a wireless operator through intercom and was noted down by him as DD No.32A. This was entrusted to Sub-Inspector Parveen Kumar (PW39). He along with Constable Pawan (PW36) proceeded to the spot in front of C & D Block, Haiderpur where they found blood scattered on the ground. The chowkidar present there informed PW39 that beat Constable Ram Phal (PW34) had earlier come there and taken the victim to the BJRM Hospital.

MLC of the deceased

8. Leaving behind PW36 to guard the spot, PW39 proceeded to BJRM Hospital. Upon reaching there, he came to know t