MAHENDER SINGH @ MOTA Vs. STATE

JUDGEMENT

(1.) These are two appeals directed against the impugned judgment dated 13th February 2014 passed by the Additional Sessions Judge-03 Patiala House Courts, New Delhi ("ASJ") in Sessions Case No. 37/2014 arising out of an FIR No. 254/2011 registered at Police Station ("PS") Mandir Marg convicting the two Appellants under Sections 302/34 of the Indian Penal Code ("IPC") and the order and sentence dated 17th February, 2014 whereby each of them were sentenced to undergo the rigorous imprisonment ("RI") for life and to pay a fine of Rs. 5,000/- each; and in default of payment of fine, to undergo further RI for six months.

(2.) The charge against both the Appellants was that at 10. 30 pm on 20th December 2011 they, in furtherance of their common intention, murdered Pintu @ Jamura (deceased) by striking his head with the iron rod near the Sulab Shochalay in front of Bangla Saheb Gurudwara, Baba Kharag Singh Marg, New Delhi.

(3.) The prosecution has based its case against the two Appellants on two eye-witnesses, i. e. Siddharth @ Nepali (PW-5) and Rajesh @ Rajwa (PW-6), and on Kuldeep (PW-14) to whom both the Appellants purportedly made an extra-judicial confession.