I.S. Mehta, J.

1. The instant appeal assails the impugned judgment dated 22.01.2018 and order on sentence dated 30.01.2018 passed by learned Additional Sessions Judge, Rohini Courts, New Delhi in Session Case No.149/17, arising out of FIR No.829/16 registered at Police Station Prashant Vihar, Delhi convicting both the Appellants – who were accused Nos.1 and 2 for the offence under Section 302/34 IPC and sentencing the appellants to life imprisonment and a fine of Rs.5,000/- each. In default of payment of fine, they have been directed to undergo further simple imprisonment for 6 months. They were further sentenced to 7 years Rigorous Imprisonment under Section 307 IPC with fine of Rs. 5,000/- each, in default of payment of fine, to undergo further simple imprisonment for 6 months. There were 3 other accused in the case. Accused Nos. 3 and 4 Sunil Kumar @ Lala and Salman Khan respectively were acquitted. Accused No.5 Kapil was not tried as he was declared as proclaimed offender. A Juvenile in conflict with the law (JCL) Adil was also allegedly involved in the crime.

2. Brief facts stated are that on 21.11.2016 in the night hours at about 11:00-11:15 PM one Lakshit Gaur (PW3)