The existence of common intention among co-accused is essential under Section 34 IPC; conviction can rely on direct eyewitness accounts and corroborative evidence, even when ambiguities in motive or investigative shortcomings arise.

JUDGMENT :

Sangita Dhingra Sehgal, J.

1. Present appeals are directed against a common judgment dated 23.02.2019 and order on sentence dated 13.03.2019 passed by the learned Additional Sessions Judge-02, (Central) District, Delhi in sessions Case No. 28377/2016 arising out of FIR No. 81/2010 registered under Sections 302 /34 of the Indian Penal Code, 1860 (hereinafter referred to as ‘ IPC ’) at Police Station Sadar Bazar, Delhi whereby the learned Sessions Judge found the appellants guilty and sentenced them as follows:

"I, accordingly, sentence all the convicts namely Manoj S/o Ashok, Rahul, Akash @ Bhole, Arjun @ Monu, Nandu and Manoj @ Kale to undergo rigorous imprisonment for life (each) and fine of Rs. 25,000/- each for the offence punishable u/s. 302/34 IPC in default thereof SI for three months each.

I further sentence convict Manoj @ Kale to undergo rigorous imprisonment for 7 years and fine of Rs. 10,000/- for the offence punishable u/s. 174 IPC , in default thereof SI for three months. Both the sentences qua convict Manoj @ Kale to run concurrently. Benefit of section 428 Cr. P.C. shall be given to all the convicts."

2. Brief facts of the case, as noticed by the learned Trial Court, are as under:-

"The case of the prosecution in brief is that on 28.04.2010 at about 11.00 pm on the roof of house No. 2222 Basti Julahan, Sadar Bazar third floor within the jurisdiction of PS Sadar Bazar, accused Manoj @ Kale, Manoj S/o Ashok, Rahul, Aakash @ Bhole, Arjun @ Sonu and Nandu in furtherance of common intention committed murder of Pradeep by intentionally causing skin and muscle deep wounds on him by means of Chura (knife). All the accused persons thereby committed offence punishable under Section 302 read with Section 34 of the Indian Penal Code (in short IPC). Accused Manoj @ Kale also committed offence u/s 174-A IPC.

According to the prosecution accused persons natured grudge against deceased Pradeep as he was having illicit relations with the wife of accused Nandu @ Ram Kishore. Further according to the prosecution accused Rahul and deceased had a quarrel two days prior to the incident and the matter was settled in the police station. According to the prosecution all accused entered into conspiracy to kill the deceased. Further according to the prosecution on the date of incident at about 10.30 pm - 11.00 pm, PW-6/complainant Dharmbir father of deceased heard the cries of deceased "Papa bachao bachao" from the spot i.e. roof of house of his neighbour Kirti and when he reached the spot he saw accused Manoj @ Kale had caught hold the head of deceased, whereas accused Manoj s/o Ashok had caught hold of the shoulder of deceased, accused Akash and Arjun caught hold his legs and accused Nandu and Rahul had repeatedly stabbed him. Accused Sachin (JCL) was heard exhorting sale ka kaam tamam kar do aaj. All the accused thereafter ran away from the spot. PW-10 Raj Rani the aunt of deceased had rushed to PS Sadar Bazar and on the way saw a police vehicle outside the PS, she informed the police. Police accompanied her to the spot. PW-13 Ct. Manoj who was working as operator with SHO, PS Sadar Bazar had met PW-10/Raj Rani at about 11.15 pm on 28.04.2010 when he and the driver of the vehicle no. DL-1CJ-3457 were going to Sadar Bazar Baratooti she told them about the incident. PW-10 led them to the gali where they saw PW-6/complainant and PW-11 Sunil Kumar (brother-in-law of deceased) bringing