(1.) This appeal is directed against the judgment and order passed by the learned Additional Sessions Judge in Sessions Case No.5/91 dated 21.3.1997 and 22.3.1997 respectively.
(2.) The appellants have been convicted under Section 302 IPC read with Section 34 IPC and were sentenced to imprisonment for life and a fine of Rs.200/= was also imposed on each one of them and in default of payment of fine, they were further directed to undergo rigourous imprisonment for 15 days each.
(3.) The brief facts necessary to dispose of this appeal are recapitulated as under. On 16.9.1990 at 9:20 p.m., Attar Singh, Pradhan of Village Nawada informed the Police Station, Vikas Puri on telephone that one person namely, Mehtab Singh was quarrelling behind his house. On the basis of this information, DD No.40 B was recorded and the inquiry was entrusted to Sub Inspector Mahesh Kumar. Consequently S.I. Mahesh Kumar visited the spot and found no one except the blood lying in the room and some articles were found scattered all over. PW-1 Nirmala Devi, resident of nearby house (B-25) met S.I. Mahesh Kumar outside her house. She informed him about the occurrence. S.I. Mahesh Kumar recorded her statement (Exhibit PW-1/A) and thereafter he went to Din Dayal Upadhay Hospital and obtained the M.L.C. of the deceased Virender Kumar in which it was mentioned that the deceased was 'Brought Dead'.