Revakhetrapal, J.

1. Challenge in the present appeal is to the judgment dated 23rd October, 2010 and the order on sentence dated 29th October, 2010 convicting the Appellant Albert Ezung for the offence punishable under Section 302 IPC and sentencing him to life imprisonment and fine of ` 3,000/- and in default of payment of fine to undergo RI for 3 months.

2. The brief facts of present case are as under:

The complainant Temjen Lungkumer (PW7), who was residing at E-114/115, Gandhi Nagar, Delhi with his friends Sedeivilie (PW10) and Ricky, had organized a party at his house on 9.9.2007 as he along with Sedeivilie and Ricky was leaving for his native place at Dimapur (Assam). The accused (Albert Ezung), his sister Lucy, Kezivilie (the deceased) and others were invited at the party. During the said party, Sedeivilie (PW10) was playing the guitar and others were dancing. The accused asked him to stop the guitar and to switch on the TV. Kezivilie objected to the same and a quarrel ensued between the two. This was at around 3.30 a.m. Both of them were pacified by other friends and shortly thereafter both went to the E-Block park, where Kezivilie told the accused that he woul