( 1 ) THE appellant stands convicted for the offence under Section 302 Indian Penal Code. for the murder of Dhani Ram, S/o Ram Nihar and sentenced to undergo imprisonment for life vide impugned judgment dated 26th November 1992 by the learned Additional Sessions Judge, Delhi in Sessions Case No. 3/88 in F. I. R. No. 98/87 Police Station Sultan Puri, Delhi

( 2 ) THE facts leading to the filing of the present appeal by the appellant/convict, shortly stated, are that on 24th April 1987, at about 7. 30 A. M. an information on telephone was received at the police station that dead body of a young man was lying near Village Sultan Puri in Indira Park. This information was recorded at serial No. 7/a in the D. D. Register; that police party went to the place in the part near the D. D. A. office where the dead body was lying; therefore, a case under Section 302 Indian Penal Code. was registered. The dead body was sent for post-mortem examination to the mortuary and the enquiry was initiated. The dead body was cremated as unclaimed. that on 6th August 1987, a complaint from one Ram Nihar, S/o Manglu, r/o Jaitipur, District Pratapgarh (U. P) was received at P. S. Sultan Puri regarding the missing of his son Dhani Ram since 23rd April 1987 and the suspicion was expressed on Raj Mani S/o Ram Nath who was to accompany missing Dhani Ram to their village on 23rd April 1987 to attend the marriage of his younger brother and son of the complainant, Ram Nihar; that the investigation further revealed that one Islam, S/o Mohd. Rafi had left Dhani Ram to Raj Mani at this House No. C-8/251, Sultan Puri on 23rd April 1987. The complaint filed on 6th August 1987 by Ram Nihar was registered as F. I. R. No. 168/87 under Section 364 Indian Penal Code. and the investigation started. The complainant also handed over a registered letter purported to have been written by one Arun Kumar Paanwala, Civil Lines, Allahabad to the police along with the written complaint.

THAT Raj Mani was arrested who is also alleged to have made a disclosure statement. On completion of the investigation, charge-sheet was filed against Raj Mani for the offence under Section 302 Indian Penal Code. for committing the murder of deceased Dhani Ram, S/o Ram Nihar. The charge was framed against accused Raj Mani for the offence alleged. The prosecution, in order to bring the guilt home to the accused adduced oral as well as documentary evidence. The learned Trial Judge, appreciating the evidence on record and considering the statement under Section 313 of the Code of Criminal Procedure of the accused, found the accused guilty for the offence alleged and convicted him for the offence under Section 302 Indian Penal Code. and sentenced him to suffer imprisonment for life, as aforestated. It is this finding of guilt and the sentence imposed which have been assailed in the present appeal under Section 374 (2) of the Code of Criminal Procedure by the appellant/convict.

( 3 ) IT may be noted, at the outset, that there is no direct evidence in the form of testimony of eye witnesses so as to connect the appellant with the commission of the offence and the only evidence on by the prosecuting is the circumstantial evidence.

( 4 ) IT is not disputed by the appellant that deceased Dhani Ram died a homicidal death. PW-29, Dr. L. T. Ramani of Civil Hospital, Delhi deposed that on 24th April 1987, he conducted post-mortem on the dead body of an unknown male aged about 20/22 years, sent by S. H. O. Police Station Sultan Puri. The post-mortem report, Ex. PW-29/a has been proved through the evidence of this witness. In the opinion of the witness the injury on the dead body over the neck was anti-mortem caused by heavy cutting weapon and was sufficient to cause death in ordinary course of nature. The cause of death was haemorrhagic shock, consequent to cut throat injury and the time of the injury was about 18 hours prior to the post-mortem examination. Taking the evidence of PW-29 and the post