C. HARI SHANKAR, J.

1. These appeals, at the instance of the appellants Kalu @ Rajvir @ Rinku and Lalit @ Mental, assail (i) judgment, dated 18th October, 2016, passed by the learned Special Judge, NDPS (hereinafter referred to as “the learned Special Judge”), which holds the said appellants guilty of committing the murder of the deceased Sahdev and, accordingly, convicts them under Section 302, read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as “he IPC”, as well as Section 392 read with Section 34 of the IPC and, additionally, convicts Lalit under Section 397 and Section 411 of the IPC, and (ii) consequent order, dated 25th November, 2016, of the learned Special Judge, which sentences (i) Kalu to

(a) imprisonment for life and fine of Rs.10,000/–, with default simple imprisonment of 6 months, for the offence under Section 302 of the IPC, and

(b) rigorous imprisonment for 3 years, with fine of Rs.5000/–, with default simple imprisonment for 3 months, for the offence under Section 392 of the IPC, and

(ii) Lalit to

(a) imprisonment for life and fine of Rs.10,000/–, with default simple imprisonment of 6 months, for the offence under Section 302 of the IPC,

(b) rigorous imprisonment for 3 years, with fine of Rs.5000/–, and default simple imprisonment of 3 months, for the offence under Section 392 of the IPC,

(c) rigorous imprisonment for 7 years, with fine of Rs.5000/– and default simple imprisonment for 3 months, for the offence under Section 397 of the IPC, and

(d) rigorous imprisonment for one year, with fine of Rs.1000/–, with default simple imprisonment for 15 days, for the offence under Section 411 of the IPC.

The Case of the Prosecution

2. The facts, as alleged by the prosecution, may be set out as under:

2.1 At 9:25 PM. on 15th August, 2011, PW-5 (Rakesh Kumar) made a call to the PCR, informing that someone had murdered Sahdev Singh, 35 to 36 years of age, in the Gali (Lane) in front of the petrol pump at Loni Road. The call was received by Ct. Kamlesh (PW-20), who dispatched the call to the PCR, where it was received by PW-17 ASI Rajinder Prasad (PW-17) at 9:28 PM. He recorded the information in the roznamcha vide DD Entry No 22-A (Ex PW-17/A), and assigned it, for appropriate action, to SI Ishwari Prasad (PW-25). Following thereupon, SI Ishwari Prasad (PW-25) and Const. Rajender (PW-23) reached the spot, where they found the dead body of a male, bearing two stab injuries in the abdomen. They met PW-5 Rakesh Kumar (who had made the call to the PCR), who identified the dead body as that of Sahdev Singh, who used to work in his factory. Beat Const. Narinder, and Const. Pramod (PW-26), also reached the spot. The dead body was taken, by SI Ishwari Prasad (PW-25), and Const. Rajender (PW-23), to the GTB Hospital, where they reached around 10:58 PM. Dr. Nitin Chawla (PW-14) declared that Sahdev Singh had been brought in dead, and prepared MLC accordingly (Ex PW-14/A). SI Ishwari Prasad (PW-25), thereafter, returned to the scene of the crime, but could not find any eyewitness thereto. He, accordingly, prepared tehrir (Ex PW-25/A), for registration of the case under Section 302 IPC.

2.2 Following thereupon, on 16th August, 2011, at 12:10 AM, ASI Braham Singh (PW-13) registered an FIR, under Sections 392/397/482/411/34 IPC, and assigned the investigation to Insp. Karan Singh Rana (PW-35).

2.3 The MLC of the deceased Sahdev was received, by the IO Insp. Karan Singh Rana, from SI Ishwari Prasad (PW-25) following where upon Site Plan was prepared by the IO, who also took samples of blood, earth, etc., which were seized vide Seizure Memo exhibited as Ex PW-5/A. The IO (PW-35), thereafter, recorded the statement of Satpal Singh (PW-1), under Section 161 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the Cr.P.C.”), wherein Satpal Singh stated that, at about 8:30 PM. on 15th August, 2011, when he, along with his brother-in-law (the deceased Sahdev), were walking towards the factory of Sahdev