( 1 ) APPELLANT Raj Kumar S/o Krishan Rao stands convicted for the offence under Section 302 Indian Penal Code and sentenced to suffer imprisonment for life and fine of Rs. 500. 00 in default further R. I. for one year and for the offence under Section 27 of the Arms Act sentenced to suffer R. I. for three years in Sessions Case No. 10/89 in FIR No. 205/88 Police Station Ambedkar Nagar, Delhi by the learned Additional Sessions Judge, Delhi.

( 2 ) THE facts leading to the filing of the present appeal shortly stated are that on 3. 9. 88 at about 10. 10 P. M. from AIIMS, Duty Constable Dalbir Singh conveyed a telephonic information to Ambedkar Nagar Police Station to the effect that one Arun Rao had been admitted in the hospital with stab injuries; that on receipt of this information DD No. 17-A was recorded and Constable Vijender Singh went to the hospital and obtained MLC of Arun Rao; that the statement of Keshav Rao, uncle of injured Arun Rao was recorded in the hospital stating that at about 9. 15 P. M. near Central Market, he saw Raj Kumar who was known to him before, chasing his nephew Arun Rao entangled him with his leg with the result Arun Rao fell down and Raj