SANJIV KHANNA, J.

1. Shabbir @ Neha impugns his conviction under Section 302 of the Indian Penal Code, 1860 („IPC?, for short) for murder of Atiq, vide judgment dated 19th February, 2009. By order of sentence dated 21st February, 2009 the appellant has been sentenced to Rigorous Imprisonment for life, to pay fine of Rs.5,000/-and, in default of payment of fine, to undergo further Simple Imprisonment for six months.

2. The case of the prosecution is that on the night intervening 26/27th April, 2004, the deceased Atiq and Babbu at about 10.30 PM had gone for a walk and had met two eunuchs at the gate of Woodland Park. Atiq went inside the park with the smaller eunuch and the taller eunuch followed them. Thereafter there was a quarrel. Babbu saw the quarrel and called others. Atiq was stabbed. The two eunuchs were apprehended by the public and Atiq was taken to the hospital where he was declared brought dead. The names of the said two eunuchs were disclosed as Shabbir @ Neha, the appellant who has been convicted and Om Prakash @ Helan who has been acquitted.

3. Death of Atiq, by way of injury caused due to a sharp weapon like knife, stands proved and established by the MLC o