Sunita Gupta, J.

1. The prosecution case emanates from the fact that on 5th February, 2004, information was given to PCR regarding murder on which DD No. 38 was recorded at PP Vijay Vihar. The investigation was initially carried out by Inspector Jaipal Singh(PW-13) who along with Constable Vikram Singh (PW-10) reached the spot, i.e., house No. C-6/77, Sector-5, Rohini, Delhi. In the meantime, Inspector Kishan Kumar also reached the spot where complainant Satish Kapoor, father of the deceased along with his son Sanjay Kapoor met them. The outer door which was a jaliwala darwaza was found locked, hence, its kunda was broken and the dead body of Ms. Sonia was found lying inside the room who was found wearing a green coloured velvet salwar-kamiz and several injuries were observed on her neck. Sh. Satish Kapoor identified the deceased Sonia to be his daughter whose statement was recorded by the Investigating Officer whereupon a Rukka was prepared which was sent through Constable Vikram Singh for registration of the case. The crime team was called at the spot. Photographs were taken. Various exhibits including broken lock and kunda, the blood stained sheet lying on the double bed, the blood stained quilt and the white coloured Patthar ki Kundi were seized after which the dead body was sent through constable Babu Lal to mortuary where post-mortem on the body was conducted. Thereafter, the dead body was handed over to her parents. During the course of investigation, accused Ashwani @ Sonu was arrested. He made a disclosure statement Ex. PW-2/C and got recovered the key of lock of his house No. C-6/77, Sector-5, Rohini from behind the two wheeler scooter lying near the staircase and polythene bag containing his green coloured shirt from the bushes behind the MCD office having blood stains near the cuff of the shirt. The same were seized vide separate pullandas. The clothes and blood samples of the deceased were also sealed by the doctor at the time of post-mortem of the deceased. Same were deposited in the Malkhana. During the course of investigation, the exhibits were sent to CFSL. After completing investigation, charge sheet was submitted.

2. After hearing arguments on charge, charge for offence under Section 302 Cr.P.C. was framed against the accused to which the accused pleaded not guilty and claimed trial.

3. In order to substantiate its case, the prosecution examined 15 witnesses. All the incriminating evidence was put to the accused while recording his statement under Section 313 Cr. P.C. The case of accused is one of denial simplicitor and he alleged his false implication in the case. He examined DW-1, his father, in support of his defence.

4. After considering the material on record, the learned Additional Sessions Judge vide impugned order dated 16th April, 2010 convicted the accused and vide order dated 12th May, 2010 sentenced him to undergo imprisonment for life and a fine of Rs.20,000/- in default of payment of fine to undergo simple imprisonment of one year. The impugned judgment has been challenged by filing the present appeal.

5. We have heard Mr. N. Hariharan, learned senior counsel for the appellant, Mr. Anwesh Madhukar, Advocate (DHCLSC) and Ms. Ritu Gauba, learned APP for state. It was submitted by learned counsel for the appellant that as per the prosecution case on 5th February, 2004 at about 19:21 hrs., a call was received by ASI Babulal that murder has taken place at house No. C-6/77, Sector-5, Rohini, Delhi. At 19:36 hrs. PCR reached the spot. The report forwarded by the PCR was that one lady named Sonia, w/o Ashwani, aged about 21 years was found dead in her flat on a cot. Thereafter, Inspector Jaipal Singh along with Constable Vikram reached the spot. After 15-20 minutes of their arrival, the SHO reached the spot. Thereafter, the lock was broken open and the complainant entered the flat. However, much before the arrival of SHO, information was given to PCR regarding lying of a dead body in the hou