Circumstantial evidence, including the last seen witness's testimony, the recovery of bloodstained items, and the admissibility of the appellants' statements under Section 27 of the Indian Evidence Act, supported the conviction for murder.

JUDGMENT

Mukta Gupta, J.

1. By these appeals, the appellants challenge the common judgment of the Trial Court dated 17th December, 2018 by which the appellants were convicted for murder of one Praveen ("deceased"); and also, the order on sentence dated 18th December, 2018, whereby the appellants were directed to undergo imprisonment for life along with fine of Rs.500/- each in default whereof, simple imprisonment for one month for offence punishable under Section 302/34 of the Indian Penal Code, 1860. Appellants Yashpal and Tarun were also directed to the sentence of imprisonment for three years along with fine of Rs.500 for offence punishable under Section 25 Arms Act, which had been already undergone during the period of trial.

2. Briefly, case of the prosecution is that on 9th September, 2014, Ct.Vinay Kumar (PW-1), Ct.Sanjay and Ct.Satbir were on patrolling duty near Brar Square Railway Station, when at about 7.00 PM, the appellant who were coming towards them, on seeing the police, turned in the opposite direction. On suspicion, these police officers caught the appellants and found their clothes had fresh blood stains. On their personal search, bloodstained knife was found in the pant's right pocket of both Yashpal and Tarun. On enquiry, these appellants disclosed that the dead body of the deceased was lying in a bush covered pit and on reaching the spot with the accuseds, the body was in fact found. Thereafter, Ct. Vinay Kumar passed the information to PS Inderpuri which was recorded by HC Vikram Yadav (PW-7) vide DD No. 37A (Ex.PW-7/A), which was handed over to IO/Insp. Raj Kumar (PW-28), who prepared the rukka (Ex.PW-28/B), on which, FIR No. 296/2014 dated 10th September, 2014 under Section 302/34 IPC at PS Inderpuri (Ex.PW-6/A) was registered. The dead body was taken out of the pit and after preparing the inquest report, the body was sent to mortuary at Safdarjung Hospital.

3. After identification of the body, postmortem was conducted. All the three appellants were arrested and their bloodstained clothes, weapons were also seized. After completion of investigation, chargesheet was prepared, and the appellants were charged for murder of Praveen punishable under Section 302 of the IPC. To prove its case, prosecution examined 29 witnesses.

4. Dr.Sadre Alam prepared the MLC (Ex.PW-2/A) of the deceased where he declared the deceased to be "brought dead". Dr. Mukesh Kumar Bansal (PW-3) conducted the post mortem examination on the dead body of the deceased, tendered his report (Ex.PW-3/A) and opined:

"External Examination (injuries etc.)

1. Incised wound of size 10 cm x 09 cm x deep up to anterior wall of esophagus horizontally placed with through transaction of trachea, muscles, nerves and vessels of neck present over anterior and right lateral aspect of neck. Upper edge of wound is 7.5 cm below chin and lower edge is 6 cm above sternal notch. The wound starts 2.5 cm left of midline and 4.5 cm below left angle of mandible, runs across midline and ends 7 cm from midline and 5 cm below right angle of mandible. Tailing of wound is present on right side. Extravasation of blood with extensive bruising of the base of wound and blood clots in various places is present in the wound.

2. Incised wound of size 18 cm x 05cm x bone deep with through transaction of muscles, nerves and vessels of neck present over posterior part of right lateral aspect and back of neck. Upper edge of wound is 1 cm below external occipital protuberance and lower edge is 6 cm below external occipital protuberance. The wound starts 8 cm right of anterior midline and 6 cm below right angle of mandible, runs upward and backward up to posterior midline then again downward and laterally. Tailing of wound is present on left side. Extravasation of blood and blood clots in various places is present in the wound.

3. Incised wound of size 4cmx0.5cmx0.2 cm obliquely placed present over left side of neck, 3cm below left angle of mandible and 1 cm lateral to midline wi