( 1 ) CONVICT/appellant (hereinafter referred to as the appellant for the sake of convenience ) has approached this Court through the present appeal with a request for setting aside the impugned judgment and order dated September 29,1992 whereby the learned Sessions Judge found him guilty under Section 302 of Indian Penal Code and sentenced him to undergo imprisonment for life with a fine of Rs. 500. 00. In case of failure to clear the fine the appellant was further directed to undergo rigorous imprisonment for one month

( 2 ) IT would be necessary to state in brief the facts which led to the present appeal in order to fully and properly appreciate me points raised by the appellant. The facts as adumbrated in the report under Section 173 Cr. P. C. , F. I. R. and in the statements of the witnesses examined by the prosecution are as follows: that Constable Sube Singh (Public Witness2) was posted at PS Nangloi during the intervening night of lst/2nd July 1988 He was on emergency duty alongwith SI Raghbir Prasad (Public Witness12 ). An information was received at 3. 30 3. 45 p. m. with regard to a murder having been committed at house No. E-194, Shiv Ram Park, within the are