(1.) These appeals, at the instance of the appellants Kalu @ Rajvir @ Rinku and Lalit @ Mental, assail (i) judgement, dated 18th October, 2016, passed by the learned Special Judge, NDPS (hereinafter referred to as "the learned Special Judge"), which holds the said appellants guilty of committing the murder of the deceased Sahdev and, accordingly, convicts them under Section 302, read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as "the IPC"), as well as Section 392 read with Section 34 of the IPC and, additionally, convicts Lalit under Section 397 and Section 411 of the IPC, and (ii) consequent order, dated 25th November, 2016, of the learned Special Judge, which sentences
(2.) The facts, as alleged by the prosecution, may be set out as under:
(3.) Kalu and Lalit were chargesheeted under Sections 302/34 IPC and 392/34 IPC. In addition, Lalit was also chargesheeted under Sections 397 IPC and 411 IPC, as also Sections 25 and 27 of the Arms Act, 1959. The case was committed to Sessions, where the appellants pleaded not guilty and claimed trial.