J U D G M E N T

RAVINDER DUDEJA, J.

1. The present appeal is filed by the appellants against the judgment of conviction dated 27th May, 2002 and the order on sentence dated 28th May, 2002 passed by the learned Additional Sessions Judge, New Delhi [“trial court”], in Sessions Case No. 83/1999, arising out of FIR No. 167/1999 registered under Sections 302/307/34 of the Indian Penal Code [“IPC”] and Sections 25/27 of the Arms Act, 1959 at Police Station Keshav Puram.

2. At the outset, it is noted that appellant Paras Nath passed away during the pendency of the appeal, and accordingly, the appeal qua appellant Paras Nath stands abated.

Factual Matrix

3. The prosecution case, in brief, is that on 21st May, 1999, at about 10:07 PM, an information was received at Police Station Keshav Puram that one person has been stabbed near Rasika Picket, Railway Staff Quarters, near railway line, Industrial Area, Lawrence Road, which was recorded vide DD No. 29-A (Ex. PW-4/A). SI Raj Singh along with Constable Dharambir proceeded to the spot, where they learnt that the injured persons had already been removed to Hindu Rao Hospital by a PCR van. Upon reaching the hospital, it was found that two person