JUDGMENT - BANERJEE UMESH C., J.:---The matter under consideration presently before this Court stands out to be singularly singular on the plea of fabrication by the defence against the prosecutor. The High Court of Delhi negated the same and dismissed the appeal against the conviction under section 302 I.P.C. and the sentence of imprisonment for life along with fine.

2. It is at this juncture convenient to advert briefly to the prosecution case as below:

Alamgir, the appellant herein being a resident of Pakistan was married to Ms. Hazra (known by the name of Halima after marriage). The factual score depicts that on 17-9-1991, the appellant came to Delhi along with his wife Hazra @ Halima and they checked in a hotel at Darya Ganj (Royal Inn Guest House) on 18-9-1991 at about 8.50 p.m. Upon registration in the guest registration book, the appellant and his wife, who was in burqa, were allotted room No. 107 and the key was handed over to Alamgir. On 19-9-1991, Alamgir, however, went out and brought some breakfast and at or about 10.15 in the morning, he reported at the counter informing therewith that the wife being left alone in the hotel room ought not to be disturbed and that he would be back soon. Alamgir, however, the factual score depicts, did not return till 20th and the Manager of the hotel by reason of not being able to get any response from the room after several attempts, opened the room with the duplicate key in the presence of one Dinesh Chand and found that the deceased was lying on the bed covered with a red dupatta. Immediately thereafter, however, the police was informed and Sub-Inspector Rajbir Singh reached at the hotel and recorded and statement of the Manager of the hotel. The Crime Branch was called along with a photographer and upon completion of all necessary formalities, the dead body was sent for post-mortem and the F.I.R. being No. 357 of 1991 was registered around 12.25 in the afternoon.

3. Incidentally, the police found two slips near the dead body. One of the papers indicated "7-A Jaitkar House, Tandel Street, Room No. 3, Mal Bazar, Bombay 3" and something was written in Urdu thereon. The other paper slip was a photo of receipt A.V. 187318, 18-7-1990 bearing photo and signatures of Alamgir. On its backside 50690, 235472 and Assistant Director, D.R.O. Karachi (West) was printed and sealed respectively. Some injury marks were noticed on the neck of the deceased.

4. The further factual score depicts that on 21-9-1991 on receipt of some secret information at about 2.20 p.m. by C.I.D., Bombay Unit, at 2.45 p.m. Inspector Naresh Talvalkar along with Inspector Dhoble and other constables reached in front of Cafe Rahim Restaurant and found a person standing opposite Cafe Rahim Restaurant. They arrested that person, namely, the accused Alamgir. On his personal search the accused was found holding a brown-coloured rexine pouch in his hand containing a key ring with a brass letter R and No. 107 written on it along with passport of the accused, residential permit as well as Pakistani I-card of the accused and Pakistani passport of Ms. Halima Noor Jamal, her residential permit and one copy of I-card form of Halima and ticket from Delhi to Bombay along with 100 rupee notes in Indian currency and Pakistani currency. The Assistant Police Commissioner, Darya Ganj, Delhi was contacted and it was confirmed that accused Alamgir was wanted in the case under section 302 I.P.C. in F.I.R. No. 357 of 1991.

5. On 21-9-1991 the Delhi police received the information of arrest of accused Alamgir. S.I. Rajbir Singh was deputed to leave for Bombay for investigation. The post-mortem examination was also conducted on 21-9-1991. However, the body was directed to be preserved. Necessary formalities were completed by the Bombay police. The accused was produced on 22-9-1991 before the Additional C.M.M., Bombay. On 24-9-1991 the Delhi police arrived in Bombay. All the articles which the Bombay police had recovered from the accused were

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