JUDGMENT

Mukta Gupta, J.

1. In these appeals, the appellants challenge the common impugned judgment of the learned Trial Court dated 28th November, 2017 whereby the appellant Umakant @ Anil Kumar was held guilty for murder of Rachna @ Gyan Devi ("deceased") and the appellant Sumit Kumar was held guilty for aiding Umakant in disposing of the dead body of the deceased. The appellants also challenge the order on sentence dated 1st December, 2017, whereby appellant Umakant @ Anil Kumar was directed to undergo rigorous imprisonment for life alongwith fine of Rs.25,000/- in default whereof to further undergo simple imprisonment for one year for offence punishable under Section 302 of the Indian Penal Code, 1860 ("IPC") and rigorous imprisonment for five years alongwith fine of Rs.10,000/- in default whereof simple imprisonment for six months for offence punishable under Sections 201/34 IPC. Appellant Sumit Kumar was directed to undergo rigorous imprisonment for four years alongwith fine of Rs.15,000/- in default whereof to further undergo simple imprisonment for six months for offence punishable under Sections 201/34 IPC.

2. Brief facts of the prosecution case are that on 19th June, 2012 at about 11:20 PM, Munna Kumar Sinha (PW-6) heard a noise from his galli outside his house where his neighbor Sharvan (PW-5) was present who told him that two persons had loaded a red colour big bag in silver colour Alto car and that foul smell was emanating from that bag. PW-6 himself also noticed the foul smell in the galli on which he made a call to the police at number 100 which was recorded vide DD No.27/A (Ex. PW-11/A). On receipt of this information SI Manoj Dalal (PW-20) reached the spot i.e. Flat No. 797, Pocket-6, Sector-2, Rohini alongwith Ct. Pushpender where blood was found scattered. SI Manoj met Sharvan at the spot and recorded his statement (Ex. PW-5/A) and thereafter, called the crime team at the spot. In the meanwhile SHO/Insp. Jai Prakash (PW-28) also reached the spot. He prepared the rukka (Ex. PW-20/B) on which FIR No.122/2012 dated 20th June, 2012 under Sections 302/201/34 IPC was registered at P.S. South Rohini. While the proceedings were being carried out at the spot, Sharvan Kumar saw appellant Umakant coming towards the place of occurrence who was apprehended and thereafter arrested vide memo (Ex. PW-13/B) and on his personal search (Ex. PW-5/C), a duplicate key of car No.DL-8CQ-8177 was recovered. Disclosure statement of the appellant Umakant (Ex. PW- 20/D) was also recorded in pursuance whereof, appellant Umakant led the police team to village Rasoi, District Sonepat, Haryana and on the side of G.T. Road, the appellant pointed towards one half burnt dead body and told the police officials that it was the same dead body he had burnt. Appellant Umakant also led the police party to Samrat Enclave at Pitampura where he identified appellant Sumit Kumar who was arrested vide memo (Ex. PW- 20/N) and his disclosure statement (Ex. PW-20/O) was recorded. After completion of investigation, charge-sheet was filed against both the accused persons. Appellant Umakant @ Anil Kumar was charged for offence punishable under Section 302 IPC alongwith charge for offence punishable under Sections 201/34 IPC. Appellant Sumit Kumar was charged for offence punishable under Sections 201/34 IPC.

3. Dr. Yogesh Kumar (PW-22) conducted the post-mortem examination on the dead body of the deceased, and opined vide his report (Ex. PW-22/A) as under:

"II. CRANIUM AND SPINAL CORD

Scalp - was found missing on the right side and at other places it was cooked up and having heat ruptures as described.

Skull - no fracture was seen and sutures were not found on the inner saggital area. The metopic suture was persisting and incabones were present in combined suture area on both sides.

Vertebrae - were easily separable in the neck area and at places partially cooked up tissue.

Membranes - were partially liquefied and lying in the separated from the skull.

Brain - was