JUDGMENT

Indermeeet Kaur, J. There are two appellants before this Court. Both of them are aggrieved by the impugned judgment and order on sentence dated 26.03.2010 and 29.03.2010 vide which they have been convicted for the offence under Sections 302,201 read with 34 of the Indian Penal Code (IPC) and had been sentenced to undergo imprisonment for life and to pay a fine of Rs.5,000/- each and in default of payment of fine to undergo SI for a period of three months each for the offence under Section 302/34 of the IPC; for the offence under Section 201 of the IPC, each of the convicts had been sentenced to undergo RI for a period of five years and to pay a fine of Rs.5,000/- each failing which to undergo SI for a period of three months each. Appellant Mohd. Islam has been separately convicted under Section 25 of the Arms Act as well. For this offence, the appellant Mohd. Islam had been sentenced to further undergo RI for one year. Sentences were to run concurrently.

2. The case as set up by the prosecution was as follows:

(i) On 28.10.2006 at 09:50 AM, DD No. 12-A was recorded in the local police station New Ashok Vihar, Delhi to the effect that the PCR had informed them that near bus route No. 301, near Kondli, a dead body was found lying in an empty plot.

(ii) Rukka was taken by SI Rajesh Dangwal (PW-20) at 11:45 AM on the same day pursuant to which an FIR (Ex.PW-18/A) was registered under Sections 302/201/34 of the IPC.

(iii) PW-20 along with constable Dharmender (PW-11) reached the spot i.e. plot of Harkesh, Village old Kondli, Delhi.

(iv) The dead body of a young boy was lying in the empty plot; the body was covered with garbage. Cut marks and wounds were noted on various parts of the body.

(v) Blood drops were found on the northern side of the body. The blood trail was followed 15-20 steps and reached the house of Hari Prakash (PW-3). This house had 11 rooms, all on the ground floor. The blood trail stopped outside the third room which was reported to be the room of Mohd. Islam.

(vi) The room was bolted from outside. On opening it, a cot was found in the room over which the dari, bed sheet, two pillows and one blanket were all blood stained; the broom was also blood stained; blood stains were also found on the walls; one quarter bottle of whisky and another empty bottle of liquor were also lying in the room.

(vii) Crime team was summoned. Two chance prints were lifted by Constable Baldan Singh (PW-5); one was lifted from the cover of a book wrapped in a polythene and second print was of blood which was also from the same polythene.

(viii) Constable Shiv Om (PW-7) clicked 20 photographs at the scene of crime from different angles, negatives of which were proved as Ex.PW-7/B1 to B20 and positives were proved as Ex.PW-7/A1 to A-20.

(ix) The Investigating Officer ACP Gajender Singh (PW-21) made inquiries from the persons present there which included Yogesh (PW-1) and Naresh (PW-2).

(x) Exhibits were seized from the scene of crime which included the quarter bottle of whisky which was seized vide memo Ex PW-1/D and the empty liquor bottle was seized vide memo Ex. PW1/J. Other exhibits which included the blood stained articles as also the blood lying on the floor were also seized by separate memos.

(xi) The exhibits were deposited with HC Ramvir Singh (PW-9) who was the then MHC (M) in the police station. Entries to the said effect in register No. 19 were proved as Ex.PW-9/A.

(xii) The dead body was sent to the mortuary.

(xiii) Mangla Kashyap (PW-4), the father of the deceased, a resident of Bihar reached Delhi along with his brother Hukum Singh (PW-6). The dead body was identified vide memo Ex. PW-6/A.

(xiv) The post mortem was conducted on 30.10.2006. On external examination, 28 stab wounds were noted upon the body of the victim. They read as under:

"1. Abrasion 4 X 2 cms, reddish over left side of forehead 1cm. to right and over the eyebrow.

2. Curved abrasion 1 X 1 c.m, reddish over root of nose.

3. Abrasion 2 X 1 c.m. reddi