( 1 ) AN Additional Sessions Judge , New Delhi, vide his judgment dated November 13, 1990,has convicted the appellant-Ten Singh for an offence punishable under Section 302 of the Indian Penal Code and has acquitted his co-accused Bir Singh on the charge under Section 302 read with Section 34 of the Indian Penal Code. Vide subsequent order dated November 14, 1990, he has sentenced the appellant to undergo imperisonment for life and pay a fine of Rs. 2,000. 00 and in default to further undergo rigorours imprisonment for six months for the offence puishable under Section 302 of the India Penal Code. Ten Singh has filed this appeal challenging his conviction and sentences.

( 2 ) THE case of the prosecution is that deceased Mohd. Ishrafil was at the relevant time employed as a driver in a truck belonging to Vijay Kumar PW7. whereas Makar Dhwaj PW4, the only material witness in this case, who claims to be eye witness, was also working as a driver a truck belonging to cousin of Vijay Kumar. Both of these persons were aged about 25 year at the time of occurrence. It is alleged that that both these friends and fellow drivers had on the night of February 10, 1988, come to see danc