( 1 ) THIS criminal appeal is directed against the judgment and order dated 3. 5. 2000 and 6. 5. 2000 of the learned Additional District and Sessions Judge convicting the appellant under section 302 IPC and under Section 27 of the Arms Act and sentencing him to undergo imprisonment for life with a fine of Rs. 25,000/- under Section 302 IPC and in default of payment of fine to further undergo simple imprisonment for three years and further rigorous imprisonment for three years with a fine of Rs. 5,000/- under Section 27 of the Arms Act and in default of payment of fine to further undergo simple rigorous imprisonment for six months.

( 2 ). Brief facts of the case, as have been noted by the learned Additional Sessions Judge, are that:

"on 11. 11. 1996 on receipt of DD No. 3a, regarding some dead body lying on the way going towards village Jharoda from Sangam Vihar, Sl Ram Kumar along with constable Ram Khilari reached at the spot and after sometime on the basis of the said DD No. 3a, Ins K. S. Bhatnagar along with HC Gopi Ram also reached at the spot i. e. Jharoda Pusta Gandanala; that there a dead body was found lying, which was of a young boy of about 30 years of age and blood was lying on the left and right side of neck, with the help of a sharp edged weapon; that dead body was wearing a t-shirt of yellow colour and on its collar label "shreesun-XL" was affixed, a pant of light aashmani colour and sports shoes and all these three articles were having blood stains; that on the jamatalashi, a purse of raxin was recovered from the pocket of pant, which was found to contain two passport size photo of a girl and deceased, a receipt of donation shown in the name of Deepak Mishra, 5/116, Nirankari Colony, delhi-9 for Rs. 101/- dated 7. 11. 96 and Rs. 845/- were also found in the said purse and thereafter all these articles were taken into possession; that no eye witness was available at the spot and dead body could not be identified; that a rukka for the offence punishable under Section 302 IPC was prepared by the Inspector and case was got registered; Crime Team and photographer were summoned at the spot and site plan was prepared; that blood lying at the spot was lifted by the IO; that at the spot Gangadhar Mishra and Tarun Mandal came at the spot and identified the dead body as of Jayant Ghosh @ Bachchi, S/o Karunamay Ghosh, R/o Village Nanagarh, po Koshigram. PS Katav, Distt. Vardhman, West Bengal and present address was know as Hant Vihar, near Pepsi Godown, Burari, Delhi; that inquest proceeding were conducted and post mortem on the dead body was conducted; that Gangadhar mishra and Tarun Mandal - both stated in their statements to the Inspector that on 10. 11. 1996 all the friends collected at the house of Mehar Pall for a tea party and in that party Jayant Ghosh was also present; that accused Budhdev Pal took Jayant ghosh with him from there and after sometime accused Budhdev Paul came alone and stated to them that he has purchased a house for Rs. 42000/- from Jayant ghosh; that accused Budhdev Paul was joined in the investigation of this case and during investigation he has made a disclosure statement that he has committed the murder of Jayant Ghosh with a knife and he threw the said knife on the way on the right side of the pushta and had also burned the briefcase and clothes belonging to jayant Ghosh and that he can get the said knife and ash recovered from the places where he had thrown the said knife and burnt the briefcase; that as per the disclosure statement made by the accused, the knife - weapon of offence and the ash were recovered from the places pointed out by the accused; that the accused also pointed out the place of occurrence; that the dead body of Jayant Ghosh was sent for post-mortem and after the post-mortem the dead body was handed over to her mother and other relatives; that the exhibits collected during the course of investigation were deposited in the malkhana and were sent for chemical ana