GITA MITTAL, J

1. By way of the present appeal, the appellant assails the judgment dated 2nd June, 2010 passed by the learned Additional Sessions Judge, finding him guilty of commission of the offence under Section 302 of the Indian Penal Code and the order of the same date whereby he was sentenced to undergo life imprisonment along with fine of Rs.5,000/-in default whereof, simple imprisonment for three months for the commission of the said offence.

2. As per the prosecution, Gajraj Singh Yadav-PW 5, an employee of the MTNL posted at Gulabi Bagh, Delhi, was residing at House No.173, Libaspur, Delhi with his family comprising of his deceased wife Smt. Sunita Yadav and two sons namely Sushant Yadav and Prashant Yadav. In the year 2003, Sushant and Prashant, were studying at the Panasia National Public School. Sunita Yadav was a housewife and remained at home. The children used to return from school at about 2.00 p.m. On the fateful day of 22nd of September, 2003, Prashant Yadav (PW 3), the younger child was suffering from pain in his foot and returned home at about 1.40 p.m. with his friend Sunil on his cycle. There was no response from inside when Prashant Yadav rang the bel