Suresh Kait, J.

1. In the instant case, the Appellant was charged for committing murder of Nisar Ahmed by use of a razor on the intervening night of 23/24.07.1996 at about 11:45PM at DDA Forest near Mulla Colony, Gharoli, Delhi.

2. The Trial Judge found him guilty for the offence punishable under Section 302 IPC and has convicted him there under. Vide order dated 06.02.1999, the Appellant has been awarded sentence to undergo life imprisonment and pay a fine of ` 5,000/- and in default to suffer further rigorous imprisonment for 3 months.

3. Being aggrieved and while challenging the aforesaid judgment and order passed by the Trial Judge, the Appellant has filed the instant appeal.

4. On 24.07.1996, Police Control Room received an information about spotting of a dead body, which was transmitted to the Police Station, and registered vide DD No. 4A that a dead body of a male near Mulla Colony in DDA land. This DD was handed over to SHO of the concerned Police Station for investigation. Along with S.I. Khushal Singh and other staff he went to spot and found a dead body of a young man of about 28 years, lying on the ground with injuries on the neck, left eye, left arm and left hand. The dead body was bleeding from nose, ears and the wounds. Lot of blood was lying on the ground besides razor with a broken handle. A pair of Hawai chappal was also lying there. The dead body was identified as of Nisar Ahmed by the relatives of deceased.

5. Statement of Mohd. Salaam, S/o Mohd. Munna, R/o C-470, Mulla Colony, Gharoli Extension Delhi, was recorded, who stated that his father-in-law Abdul Gafoor and his family was residing in the same residence. Yesterday i.e. on 23.07.1996 at about 10:30PM, a distant relative of Abdul Gafoor, Usmaan S/o Abdul Salaam, R/o Mohalla Bukhara, Bijnor, U.P. i.e. the Appellant came to the residence and took Nisar Ahmed s/o Abdul Gafoor on the pretext that they are going for strolling to Khoda Colony. Nisar Ahmed went with Usmaan for strolling. They waited for Nisar Ahmed but neither Nisar Ahmed nor Usmaan returned during that night. Next day in the morning at about 9:30am, he alongwith Abdul Gafoor and his elder son Abdul Gafaar went to Mulla Colony for searching. When, they just came out from Mulla Colony, he saw lots of people were gathered there in DDA Forest, behind Mulla Colony. He alongwith Abdul Gafoor and Abdul Gafaar reached near the crowd and saw the dead body of Nisar Ahmed was lying there. There were injuries on neck, left eye and wounds, blood was profusing from there. Blood stained broken handle of "Ustra" and a blade was lying there. Two Hawai slippers of blue color with two strips were also lying there.

6. He further stated that around seven years back, Nisar Ahmed murdered Abdul Salaam, father of Usmaan at Bijnor. In this connection, the police had arrested and sent him to Jail, who thereafter, after remaining in jail for a year was released on bail. Nowadays, he was staying in Mulla Colony. He suspected him that his real brother-in-law (saala) Nisar Ahmed was murdered by Usmaan with the revenge of the murder of his father. This statement was proved as Ex. PW-1/7A.

7. On the basis of this statement, IO prepared a rukka Ex. PW1/A and sent it through Constable Vijay Pal at 11:00AM and the rukka was registered vide DD No. 8A at 11:20AM. Accordingly, FIR No. 319/1996 Ex. PW-1/B was registered. Thereafter, police came into motion and did all rituals i.e. site plan, recoveries, calling of the photographers, crime team etc.

8. The prosecution has examined 16 witnesses. The statement of the accused was recorded under Section 313 Code of Criminal Procedure No defence witness was examined.

9. PW-9 Ct. Rakesh Kumar deposed that on 26.07.1996 he was posted at P.S. Kotwali, Bijnor, U.P., on that date he was in charge and dealing with the records of the Police Station. The Delhi Police/IO of this case had come to his police station and enquired regarding the antecedents and previous records of deceased, Nisar Ah