( 1 ) APPELLANT, Virender Kumar @ Bittoo S/o Sh. Hari Shanker r/o Village Maujpur has been convicted of an offence punishable under Section 302 of Indian Penal Code vide judgment dated April 20, 1989 of an Additional Sessions Judge, Shahdara and has been sentenced to undergo rigorous imprisonment for life and pay a fine of Rs. 1,000. 00 and in default to further undergo rigorous imprisonment for two years.

( 2 ) HE has filed this appeal challenging his conviction and the sentence. As a matter of fact, along with the appellant, Joginder Singh, Jaswant Singh and Ramesh Singh were also tried for the offence punishable under Section 302 read with Section 34 Indian Penal Code While Joginder Singh has been acquitted, Jaswant Singh and Ramesh Singh have been convicted for offence punishable under Section 324 read with Section 34 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for two years each. Jaswant Singh and Ramesh Singh have not, it appears, filed any appeal against their conviction and sentences.

( 3 ) THE case of the prosecution, in brief, is that Public Witness 4 Lalla and his maternal uncle Maruf Public Witness 5 were working in