Manoj Kumar Ohri, J.

The challenge in the present appeals filed by the appellants is to the common judgment on conviction dated 22.04.2016, passed by the Trial Court, in SC no. 102/2013 arising out of FIR No.24/2012, P.S. Swaroop Nagar, whereby the appellants have been held guilty for the offences punishable under Sections 302/326/34 IPC. The appellants have also challenged the order on sentence dated 23.04.2016, whereby all the three appellants were sentenced to:

(i) undergo rigorous imprisonment for life (each) and pay fine of Rs.25,000/- each and in default of payment of fine, to undergo simple imprisonment for a period of 6 months each for the offence punishable u/s 302/34 IPC.

(ii) undergo rigorous imprisonment for a period of 5 years each and pay fine of Rs.10,000/- each and in default of payment of fine, to undergo simple imprisonment for a period of 3 months each for the offence punishable u/s 326/34 IPC.

(iii) Benefit of Section 428 Cr.PC was given to the appellants and it has been directed that all the sentences would run concurrently.

2. Since the common judgment of conviction and order on sentence have been challenged by all the three appellants, Ramanjeet Singh (accused no.1), Manpreet (accused No.2) and Kamaljeet Singh (accused no.3), the individual appeals filed by them are being taken up together for hearing and disposal.

3. The prosecution case started with the Police Control Room (PCR) receiving a call at 23:16:37 hours on 10.02.2012 from mobile phone No.7428374690, to the effect that “House No. J-964, Gali No.2, Swaroop Nagar-Kayi Log H-Jo Kirpan Nikal Kar Lad Rahe H”. In the meantime, the said information was also forwarded to the local police which was recorded vide DD No.64-B (Ex.PW-1/A) at 11:27 p.m. The above DD was handed over to SI Krishan Kumar (PW-15), who reached the spot and noticed blood, two pairs of slippers (four chappals) of red and brown colour, one cap of red and black colour lying in the side lane of House No. J-964. Finding nobody at the spot, he made some enquiries and came to know that the injured had been taken to BJRM hospital. On reaching BJRM hospital, he found that, pursuant to a quarrel, some persons had been admitted in the hospital. One of them was declared 'brought dead' and the other, an injured (Surender) was receiving treatment. The family members of the deceased and the injured were also present there.

4. Si Krishan Kumar obtained the MLC of Surender and recorded his statement (Ex.PW-13/A) to the effect that after finishing his work at 11 p.m. in the night, while he was coming back to his home, he saw that his brother, Narender was held down on the ground by Manpreet (accused no.2), Gulvinder Kaur & Balvinder Kaur while Ramanjeet Singh (accused no.1) & Kamaljeet Singh (accused no.3), who had Gandasas in their hands, were assaulting Narender with the Gandasas. When he tried to set his brother free, Ramanjeet Singh & Kamaljeet Singh gave Gandasa blows to him also which landed on his left shoulder & finger of his right hand whereafter, he became unconscious. He also stated that he did not remember as to who had brought him & his brother to the hospital. After regaining consciousness, Surender came to know that his brother, Narender had expired. He stated that his brother Narender was killed by Ramanjeet Singh, Kamaljeet Singh, Manpreet, Balvinder Kaur & Gulvinder Kaur. On the basis of this statement, FIR bearing No.24/2012 (Ex.PW-1/C) under Sections 302/307/34 IPC was registered at PS Swaroop Nagar.

5. During the investigation, Inspector Harish Chander lifted samples from the spot which included blood stained earth, sample earth, one pair of chappals of brown colour, one pair of hawai chappal of red/pink colour, one woollen cap of red and black colour (59 written on it). The postmortem of the deceased was conducted on 11.02.2012.

6. On receipt of a secret information, Ramanjeet Singh and Manpreet were arrested by the police on 13.02.2012. Ramanjeet Singh got recovered one Gan