( 1 ) THIS appeal under Section 374 of the Criminal Procedure Code is directed against the judgment of conviction recorded under Section 302/34 Indian Penal Code in FIR No. 291/86, P. S. Alipur, North Delhi, in Sessions Case No. 20/90 by the learned Additional Sessions Judge, Delhi, sentencing the appellant Sita Ram to imprisonment for life and to pay a fine of Rs. 500. 00 and in default to under go R. I. for one month.

( 2 ) THE prosecution case as revealed from the record, is that Mahender Singh son of Ram Bilas Singh, who hails from Village Locha, P. S. Gaighat, District Mujaffarpur, Bihar and who works at Village Samaipur, Delhi had a quarrel with one Ram Chander - Vakil over said Mahender Singh kidnapping a girl; that Mahender had threatened Ram Chander, to do away with him as former was insulted by the latter in presence of the Panchayat; that Ram Chander had come to Azad Pur, Delhi at the place of his brother Mithlesh Singh since the last 15 days in order to provide medical treatment to his son at All India Institute of Medical Sciences, New Delhi; that Ram Chander had come to the tea stall at Railway Station, of Mithlesh at 12 noon on 14. 12. 1986, accompanied by Sita Ram and one unknown person, wherefrom, Ram Chander was taken by Sita Ram to Samai Pur along with him; that during the night of 14/15. 12. 1986, Ram Chander was murdered and his dead body was found in the house of Lachhman Mandal and Narain Mandal; that Mithlesh Singh was informed about the incident by one Ravindra whereupon Mithlesh lodged FIR with P. S. Samai Pur, Delhi on 15. 12. 1986. The offence was registered. On completion of usual investigation, charge sheet came to be filed against this appellant and two other accused persons, namely, Lachhman Mandal and Narain Mandal with Mahender Singh as P. O. Charge came to be framed against the appellant, Lachhman Mandal and Narain Mandal for the offence punishable u/s. 302/34 Indian Penal Code The accused denied the charge and claimed trial. The prosecution, in order to bring guilt home to the accused, adduced oral as well as documentary evidence. On appreciation of evidence and the further statements under Section 313 Criminal Procedure Code. , the trial court found the appellant Sita Ram guilty for the offence charged and sentenced the appellant, as aforestated. The two other accused persons, namely, Narain Mandal and Lachhman Mandal were acquitted of the charges lavelled against them. It is this judgement of conviction and sentence, which is assailed by the appellant/convict Sita Ram in this appeal.

( 3 ) IT may be noted at the out set that deceased Ram Chander - Vakil of Village Locha (Bihar) died a Homicidal death during the night of 14/15. 12. 1986 as per the evidence of Public Witness 14 Dr. L. T. Ramani and Ex. PW-14/a, the post mortem report.

( 4 ) ONE of the arguments advanced by Mr. Sanjiv Khanna, learned amicus curiae for the appellant-convict is that the only evidence against the appellant-convict is that on 14. 12. 86 deceased Ram Chander, the brother of complainant Mithlesh (Public Witness -7) left the tea stall of Public Witness 7 at 12 noon for going to Samaipur, in company of the appellant; that there is no other evidence against this appellant and this evidence is not sufficient to sustain the finding of guilt against the appellant recorded by the trial court.

( 5 ) EX. PW-I/a is the complaint filed by Mithlesh (Public Witness -7), the brother of deceased Ram Chander. Perusal of the same suggests that Ram Chander, the elder brother of the complainant, had come to the complainant at Azad Pur for the purpose of medical treatment of his son since last about 15 days; that one Sita Ram, who also bails from the village of complainant and his brother deceased Ram Chander, also came at the shop of the complainant at about 12 noon and took Ram Chander, the brother of the complainant to Samai Pur along with him; that today (15. 12. 86) in the rooming, complainant has been told by Ra