JUDGMENT

Mrs. Manisha Batra, J.

The present appeal has been preferred against the judgement of conviction dated 10.01.2018 and order on quantum of sentence dated 12.01.2018 passed by learned Additional Sessions Judge, Sonepat in Sessions Case No.SC/268 of 2015 titled as State v. Ajit alias Jeeta arising out of FIR No.132 dated 08.04.2013 registered at Police Station Sadar, Sonipat under Sections 302 and 34 of IPC and Section 25 of ARMS ACT whereby the accused Ajit had been held guilty for commission of offence punishable under Section 302 read with Section 34 of IPC and had been sentenced to undergo rigorous imprisonment for life and to pay fine of Rs.10,000/-.

2. The prosecution version as unfolded is that on 08.04.2013, on receipt of a telephonic information, a police party headed by SI Jai Parkash had reached at Murthal Road, Sonepat in front of Saraswati School wherein the dead body of an unknown youth was found to be lying. There were several firearm injuries on the dead body and some spent, live as well as empty cartridges were also found lying there. A case under Section 302 read with Section 34 of IPC and Section 25 of ARMS ACT was registered. Investigation proceedings were initiated. Inquest proceedings and postmortem examination of the dead body was conducted. On 09.04.2013, the father of the deceased namely, Dharambir contacted the police and after identifying the dead body to be that of his son Parveen @ Parchi recorded his statement to the effect that Malad resident of Village Karor was his co-brother who was lodged in Hisar Jail and his son Parveen had been visting him and helping him in pursuing his cases. Malad was having enmity with members of Anil Chippi gang and accused Anil @ Leela kingpin of that gang and Sandeep @ Kala one member of that gang were lodged in Tihar Jail. He also disclosed that accused Pardeep who was brother of accused Sandeep had threatened his son to not to visit Malad or to face dire consequences. He further disclosed that on 07.04.2013, the victim had been taken by accused Priyavart along with him and on his asking, he had assured that they would be returning shortly and thereafter his son did not return. He raised suspicion that the accused Anil @ Leela and Sandeep @ Kala lodged in jail had hatched a conspiracy with accused Pardeep who in conspiracy with others had murdered his son. Therefore, he prayed for taking penal action against the culprits. On the basis of his statement, offence under Section 120-B of IPC was added. The accused Priyavart was arrested on 19.04.2013. He suffered disclosure statement admitting his involvement in the murder of the victim and also disclosed the names of the co-accused. Accused Sandeep and Anil @ Leela who were confined in Tihar Jail, Delhi were arrested on 25.04.2013. Accused Parveen @ Kaira was arrested on 25.09.2013. They also suffered disclosure statements. Accused Sumit was arrested on 11.10.2013. He suffered disclosure statement and got recovered a 32 bore revolver and two cartridges in pursuance of his disclosure statement. Accused Pardeep was also arrested subsequently. Challan/supplementary challan against these accused were persented in the Court at different points of time. They faced trial separately and had been held guilty and convicted for charges framed under Section 120-B read with Section 302 of IPC and co-accused Sumit was held guilty under Section 25 (1-B) (a) of ARMS ACT .

3. Accused Ajit who was also n