JUDGMENT

G.S. Sistani, J. (ORAL)

1. Present appeal has been filed under Section 374 (2) of the Code of Criminal Procedure, 1973 (`Cr.P.C.') against the impugned judgment dated 26.08.2016 passed in Sessions Case no.40/2014 FIR no.08/2009 P.S. Vasant Kunj, by which the appellant has been convicted under Section 413 of the Indian Penal Code. Challenge is also laid to the order on sentence dated 01.10.2016 by which appellant Ajay Sethi has been sentenced to the period already undergone by him which is 07 years 05 months and 09 days for the offence under Section 413 of the Indian Penal Code.

2. The case of the prosecution, as noticed by the learned Trial Court, is as under:

"1. DD No.8A(Ex.PW-11/A) was received in Police Station Vasant Kunj on 08.01.2009 conveying the information that a dead body is lying near Spinal Hospital, Vasant Kunj Enclave, New Delhi. The said DD was entrusted to Sub Inspector Sukram Pal(PW-11) who rushed to the spot. Information was also conveyed to Inspector Randhir Singh(Ist Investigating Officer) who also rushed to Nangal Dewat Road, Vasant Kunj. An unknown dead body of a male aged about 24 years was found near the boundary wall of jungle of Airport Authority of India near electric pole no.701. The deceased was wearing cream & black colour sweater, white shirt, vest, sky blue colour jeans pant, blue underwear. Deceased was also wearing a metallic chain having locket of 786 and black thread around his neck. Dog squad and Crime Team also reached the spot. Passersby were shown the dead body to identify the same but identity of dead body could not be established. Thereafter, Inspector Randhir Singh (Ist Investigating Officer) prepared the ruqqua and sent the same through HC Thawar to the Police Station and got the case registered under section 302/201 of The Indian Penal Code. The spot from where dead body was found was photographed. Site plan was prepared and inquest proceedings were undertaken. Dead body was sent to the mortuary of Safdarjung Hospital. As photographs of deceased were being pasted near Mahipalpur Chowk, PW-3 Subhash Chand Yadav, after seeing the photograph identified the photograph as that of his driver Nadeem. Police with the assistance of PW-3 Subhash Chand Yadav and other persons reached the house of Md. Saleem, brother of deceased, who also identified the body.

2. Wearing clothes and metallic chain with 787 locket and black thread worn by deceased, were seized by Autopsy Surgeon. The Doctor who prepared the post-mortem report opined that the cause of death is shock and hemorrhage as a result of antimortem injury to the heart and right lung produced by projectile of rifle fire arm.

3. Statement of Subhash Chand Yadav, employer of deceased, was recorded wherein Subhash Chand Yadav stated that his driver Nadeem was working on his taxi Tavera no.HR55HT 7278. Md. Saleem, brother of deceased, stated that his brother Nadeem was carrying black purse, golden chain, voter identity card, cash, watch, etc. During the course of investigation of FIR No.481/08, Police Station Vasant Kunj, accused Ravi Kapoor, Ajay Kumar @ Ajay @ Bhenga, disclosed that they have murdered the driver of Tavera vehicle no.HR55HT 7278 in the intervening night of 07-08.01.2009 in the jungle of Airport Authority of India. Accused Ravi Kapoor and Ajay Kumar @ Ajay @ Bhenga, further disclosed that driver of Tavera vehicle was looted before the murder. Accused Ravi Kapoor and Ajay Kumar @ Ajay @ Bhenga, further disclosed that golden chain of deceased was kept by accused Ravi Kapoor while watch and purse with documents were kept by accused Ajay Kumar @ Ajay @ Bhenga. Accused Ravi Kapoor disclosed that Tavera vehicle was sold to co-accused Ajay Sethi informing him that driver of the said vehicle was killed before the loot.

4. Accused Ajay Sethi who was in custody of Anti Theft Squad in a vehicle theft case bearing FIR No.64/09, under section 379 of the Indian Penal Code, Police Station Vasant Kunj, disclosed that he has sold Ta