( 1 ) CONVICT/appellant (hereinafter referred to as the appellant in order to facilitate the reference) through the present appeal has challenged his conviction reecorded by an Additional Sessions Judge vide judgment and order dated July 31, 1992 and August 18, 1992.

( 2 ) IT would be just and proper to refer to a few facts which led to the present appeal before embarking upon a detailed discussion of the questions of law and facts which arise for decision in the present appeal. HC Pratap Singh (Public Witness 9) was posted at Police Station Anand Parbat in December 1987. He alongwith Constables Rajbir (Public Witness 14) and Rambir was on his usual patrol duty in the area of PS Anand Parbaton December 8, 1987 in the evening. While they were retaming to the police station they passed by the side of house No. a-74, punjabi Basti, Baljit Nagar, Delhi at about 11. 00 P. M. A girl known as Om Wati (PW 5) who was standing on the gate of the said house called them. They immediately responded to the call. Om Wati informed them that a dead body was lying inside a room of the said house. Consequently they entered the said room and found that a dead body was lying on a