JUDGMENT :

Karamjit Singh, J.

The above-mentioned two appeals have been directed against the judgment of conviction dated 13.03.2015 and order of sentence dated 17.03.2015 passed by the Court of Additional Sessions Judge, Namaul in case having FIR No.301 dated 14.10.2013 under Sections 302, 120-B/34 IPC and Section 25 of Arms Act, Police Station Kanina vide which both the appellants were convicted and sentenced to imprisonment for life under Section 302 read with Section 120-B IPC. Appellant Dinesh is further sentenced to pay a fine of Rs.2 lacs and in default of payment of fine to further undergo simple imprisonment for a period of 6 months. Appellant Aarti is further sentenced to pay a fine of Rs.50,000/- and in default of payment of fine to further undergo simple imprisonment for a period of 3 months. Out of the amount of fine, a sum of Rs.2 lacs was directed to be paid to the parents of deceased as compensation.

2. The prosecution story in brief is that on 14.10.2013, PW-16 ASI Kailash Chand received a telephonic information in Police Station Kanina that dead body of a youth is lying in front of gate of DAV Public School, Kanina. On receipt of the information, PW-16 Kailash Chand ASI along with other police officials reached the spot. He came to know that dead body was of Neeraj, resident of Village Riwasa. PW-5 Rattan Lal uncle of Neeraj and some other family members of the deceased were found there. PW-5 Rattan Lal got recorded his statement Ex.PW-16/A with PW-16 ASI Kailash Chand, wherein he stated that he is residing in Village Riwasa and his younger brother PW-21 Ramphal is residing in Delhi. Deceased Neeraj son of Ramphal was studying in B.Tech 3rd year in DAV College of Engineering, Kanina. On that day, he received intimation that Neeraj was murdered near DAV Public School, Kanina by some unknown person. Then, he and his brother Luxmi Narayan and cousin Nityanand reached the spot and they found blood soaked dead body of Neeraj having stab wound. The deceased was called by some person from hostel of DAV College, Kanina and was stabbed to death. On the basis of the said statement of complainant PW-5 Rattan Lal, ruqa was sent and consequently, FIR Ex.PW-13/A was registered in the police station by PW-13 ASI Satish Kumar.

3. PW-16 ASI Kailash Chand inspected the spot and prepared the inquest report Ex.PW-11/B and conducted proceedings under Section 174 Cr.P.C. One mobile phone and white ear phone lead were found near the dead body while keys were found in the pocket of the clothes worn by the deceased. The said articles were seized by the police vide memo Ex.PW-4/B. The team for Forensic Science Laboratory (FSL) was also called. The blood stained earth was also lifted and taken into possession vide memo PW-4/A. The dead body was sent for its post mortem examination vide application Ex.PW-11/A. After post mortem examination, the dead body was handed over to its relatives while the clothes of deceased were taken into possession vide memo Ex.PW-14/A. During investigation, the investigating officer moved an application Ex.PW-2/A and took into possession, copies of the relevant documents regarding admission of the deceased in DAV College of Engineering, Kanina and the photo copies of the said document Ex.PW-2/B to Ex.PW-2/H were taken into possession vide memo Ex.PW-2/J. Call detail records Ex.PW-6/D and Ex.PW-6/E of two mobile phone numbers 8930673654 and 8930573647 were collected by the investigating officer vide seizure memo Ex.PW-8/C. Accused Aarti Yadav was arrested on 06.11.2013. During interrogation accused Aarti Yadav suffered disclosure statement Ex.PW-8/A. Two SIM cards having numbers 8930673654 and 9813331052 and one mobile phone produced by Aarti Yadav were taken into possession by the police vide memo Ex.PW-8/B. On completion of investigation against accused Aarti, police presented challan against her and case was committed to the Sessions Court. The trial Court framed charges against accused Aarti and as she pleade