The central legal point established in the judgment is the application of Sections 302 (murder), 201 (causing disappearance of evidence of offence), and 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code to prove the appellant's guilt beyond reasonable doubt.

RAJIV SHARMA, J.

1. The present appeal is instituted against judgment dated 16.7.2009 and order dated 18.7.2009, rendered by learned Additional Sessions Judge, Fast Track Court, Gurgaon, in Sessions Case No. 75 of 2008/ 2009, by appellant Kapil. He was charged with and tried for the offence punishable under Sections 302/201/34 IPC. He was convicted and sentenced under Section 302 read with Section 120-B IPC to undergo life imprisonment and to pay fine of Rs. 5,000/-, in default of payment of fine, to undergo further imprisonment for a period of two years.

2. The case of the prosecution in a nutshell is that on 28.11.2007, complainant Pawan Kumar lodged a report with the police to the effect that he was having a shop of spectacles at Sohna Chowk and his old house is in Gali No. 8, Madan Puri, Gurgaon. He has constructed two rooms. In one room, Ravi son of Gaji was tenant and Anuj of the village of Ravi was also residing with him. On 28.11.2007 at about 3.00 or 4.00 P.M., Ravi came to the house of the complainant and told him that on 25.11.2007 at about 3.00 P.M., Kapil and his friends Dinesh and Chhotu of Bijnaur came to his room. Kapil sent Ravi for getting charged his mobile, while Anuj was sent for bringing ration. After about one hour complainant came to his room. He saw that a person was killed after strangulating him with an electric wire and that person was not known to the complainant. The unknown person was killed by accused Kapil, Dinesh and Chhotu. Ravi and Anuj were threatened by Kapil and his companions that if this fact was disclosed to anybody, they would be killed. The dead-body was dumped on the grass existing in premises of the vacant boundary wall. Due to fear, the complainant could not tell this fact to anybody. The dead-body was sent for post-mortem examination. FIR was registered. Investigation was completed and challan was put up after completing all the codal formalities.

3. The prosecution examined a number of witnesses in support of the case. The statement of the accused was also recorded under Section 313 Cr.P.C. He denied the case of the prosecution. He was convicted and sentenced, as noticed hereinabove. Hence, the present appeal.

4. Learned counsel appearing on behalf of the appellant vehemently argued that the prosecution has failed to prove its case. Learned counsel appearing for the State vehemently argued that the prosecution has proved its case beyond reasonable doubt and supported the judgment and order of the learned Court below.

5. We have heard learned counsel for the parties and gone through the judgment and record very carefully.

6. Pw1 Ravi was 17 years of age at the time of recording of his statement. The Court was satisfied that he was able to answer the questions put to him. According to him, on 25.11.2007, he was residing in Gali No. 8, Madanpuri, Gurgaon, along with Anuj. He was working on machine in the factory of Kapil in Devi Lal Colony, Gurgaon. On 25.11.2007, Kapil and Chhotu came to his room at about 8/9.00 P.M. After that Dinesh along with another person came on a motorcycle, whom he did not know. He was having a black coloured bag. Kapil sent him to get the mobile recharged. Kapil also sent Anuj out to bring something. After about one hour, he came back. He saw a dead-body. The dead-body was of a person, who came to his room with black coloured bag. In the meanwhile, Anuj also arrived. Kapil along with Chhotu and Dinesh threatened him not to disclose the incident to anybody. Thereafter, Kapil, Chhotu and Dinesh picked up the dead-body and put it into a room without roof where grass had also grown. After that all the three accused, left the place of occurrence. Due to fear, he and Anuj did not disclose the incident to anybody. On 28.11.2007, he narrated the incident to Pawan Kumar.

7. The statement of PW1 Ravi was duly corroborated by PW2 Anuj. At the time of recording of statement, he was 16 years of age. He also testified that on 25.11.2007, Kapil and Chhotu came to PW1