S.P. GARG, J.

1. The appellant-Noor Salam impugns the judgment and order on sentence passed in Sessions Case No.1/2010 arising out of FIR No.326/2005 registered at PS Timarpur by which he was convicted for committing offence punishable under Section 307/34 IPC and sentenced to undergo RI for eight years with fine Rs.20,000/- and in default of payment of fine to further undergo SI for six months.

2. The police machinery came into motion on 01.07.2005, when Daily Diary (DD) No.78B was recorded at PS Timarpur at about 11.10 P.M. on getting information that a person had been shot at Nand Lal jhuggies, Mukherjee Nagar Police Picket and taken to Aruna Asaf Ali Hospital. The DD (Ex.PW9/A) was assigned to SI Rajneesh who with Const.Bijender reached the spot. No eye witness was present there. He proceeded to Aruna Asaf Ali Hospital and obtained MLC of the injured Samir Ul Hasssan and recorded his statement. He disclosed to the Investigating Officer that he was taken to the spot by Noor Salam, Noor Alam and Hafaz. At about 10.45 P.M. suddenly Noor Salam caught hold of him from behind and when he tried to rescue himself, Hafaz assaulted him with fists and made him to fall on the gr