JUDGMENT :

(Mukta Gupta, J.) :—

By these appeals, the appellants challenge the common judgment of the learned Trial Court dated 30th November, 2018 whereby both the appellants Rahul and Amit Kumar @ Sher Khan were held guilty for murder of Ajay son of Ved Prakash (“deceased”); and also the order on sentence dated 30th November, 2018 whereby the appellants were directed to undergo imprisonment for life alongwith fine of Rs. 5,000/- each in default whereof, rigorous imprisonment for six months for offence punishable under Sections 302/34 of the Penal Code, 1860 (“IPC”). The appellants were acquitted for charge under Section 201/34 IPC.

2. In nutshell, brief facts of the case are that on 10th October, 2013, at about 2 : 30 PM, the deceased alongwith his friend Ajay son of Bihari Lal (PW-12) reached in front of H. No. 17/230, Kalyanpuri when suddenly appellant Rahul stopped them and started abusing them. When the deceased tried to resist, appellant Rahul took out a knife from his pant and stabbed the deceased on his right thigh. Ajay (PW-12) made a call to the police at number 100 and on reaching the spot, the police lifted deceased Ajay and took him to LBS Hospital. Statement of deceas