J U D G M E N T

MINI PUSHKARNA, J.

1. By these appeals, the appellants challenge the common judgment of conviction dated 29.01.2019 and order on sentence dated 01.02.2019 in Sessions Case No. 1661/2016 in FIR No. 157/2013 under Section 302/34 IPC, PS- Hazrat Nizamuddin, Delhi, whereby the appellants were convicted for having committed offence punishable under Section 302/34 IPC, and sentenced to undergo imprisonment for life and to pay a fine of Rs.10,000/- each; in default of payment of fine to undergo simple imprisonment for 6 months. The appellants were given benefit under Section 428 Cr.P.C.

2. Prosecution version in the present case flowing from the charge sheet is that an information regarding stabbing of a person in graveyard, Lala Lajpat Rai Marg, was received at police station Hazrat Nizamuddin on 28.05.2013. Insp. Binay Singh (PW21) along with constable reached there at around 4 P.M. and found that one boy aged about 24-25 years was lying unconscious in pool of blood inside the Kabristan. The injured was taken to AIIMS Trauma Centre. PW21 made inquiries at the spot and it was revealed that the name of the injured was Raja, thereafter PW21 reached the AIIMS Trauma Centre where the injured was declared brought dead by the doctor. PW21 came back at the spot of the incident and recorded statement of witnesses, including statement of PW10 who was playing near the place of occurrence at the time of incident.

3. From the version given by witnesses, PW21 came to know that deceased Raja was last seen in the company of the appellants herein. Thereafter, search of suspects was conducted and on the basis of secret information, on 04.06.2013 accused Hari Dutt and Karim @ Jalela were apprehended from under Defence Colony flyover. Both accused Hari Dutt and Karim @ Jalela disclosed that their two other associates namely X (Juvenile in conflict with law) and Sartaj @ AllahaRakha were also with them at the time of incident. Raja was beaten by them on the issue of dividing of share of booty obtained by them after the snatching incident that took place in the area of P.S. Lodhi Colony. Accused Karim @ Jalela took police party to MCD toilet near Sun Light Colony towards Sarai Kale Khan and from the garbage lying near railway track, got recovered one blood stained t- shirt which he disclosed to have worn at the time of incident. The said t-shirt was seized vide Seizure Memo Ex. PW7/L.

4. Thereafter, accused Karim @ Jalela and Hari Dutt took police party to one Dinesh Paswan to whom one mobile phone was sold by accused Sartaj @ Allaharakha, which contained his voice recording. Dinesh Paswan was interrogated who produced one mobile phone of Karbonn make which he stated to have purchased from accused Sartaj @ Allaharakha. The mobile phone was seized and checked and it was found to contain a memory card which had the voice of accused Sartaj @ Allaharakha talking to one lady wherein he admitted that he had caused the death of Raja. The mobile phone was seized vide Seizure Memo Ex.PW7/D. The conversation contained in the mobile phone was saved in the official computer from the memory card of the mobile phone and subsequently sent to CFSL for examination.

5. On 06.06.2013, S.I. Dinesh apprehended “X” (juvenile in conflict with law) from Madhubani, Bihar and brought him to Delhi. On 08.06.2013, X got recovered one shirt and a knife from a place in Defence Colony. Since X was a juvenile in conflict with law at the time of commission of crime, separate proceedings qua him were carried out. On 21.06.2013, accused Sartaj @ Allaharakha surrendered in Saket Court and was arrested vide Arrest Memo Ex. PW15/A, and taken in police custody. During police custody, accused Sartaj @

Allaharakha took police party to Defence Colony, Ganda Nala and got recovered one shirt and one knife. He disclosed that the shirt which was recovered at his instance was worn by him at the time of incident.

The shirt and knife were seized vide Memo Ex.PW15/D&E.

6. After conclusion of