(1.) Since both these appeals have been preferred against a common judgment of conviction and order on sentence, therefore, both these appeals are taken together.
(2.) The present appeals have been filed by the convicts/ appellants (hereinafter referred to as "the appellants"), namely, Arun Kumar and Mahender Singh against the judgment dated 26.04.2016 rendered by the learned ASJ Sh. Anil Kumar in Sessions Case No.23/2014 whereby the appellants have been convicted under Section 394 and 302 / 34 IPC, and against the order on sentence dated 05.05.2016 whereby the appellants have been sentenced to imprisonment for life along with fine of Rs.20,000/- each, and in default of payment of fine, to further undergo six months rigorous imprisonment for the offence punishable under Section 302 / 34 IPC; and sentenced to undergo rigorous imprisonment for ten years with fine of Rs.5,000/- each and, in default of payment of fine, to further undergo rigorous imprisonment for three months for the offence punishable under Section 394 IPC.
(3.) The factual matrix emerging from the record is that on 26.07.2010 around 00:40 a.m., on receipt of a missing report by Rajesh Singh in respect of Naresh Bhatti vide DD No.3A