Kailash Gambhir, J.

1. By this appeal filed under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C), Appellant– Vinod Kumar seeks to challenge the Judgment dated 27th August, 1999 and Order on Sentence dated 31st August, 1999 passed by the Court of Shri I.C. Tiwari, Ld. Additional Sessions Judge, Shahdara, Delhi, whereby the appellant has been convicted for committing an offence punishable under Section 302 Indian Penal Code, 1806 (hereinafter referred to as IPC) and sentenced to undergo Imprisonment for life together with imposition of fine of Rs.2,000/- and in default thereof to undergo Rigorous Imprisonment for a period of one year.

2. The prosecution story as has been unfolded in the Charge Sheet filed by the prosecution is as under:-

“The appellant is the neighbor of the deceased. On 12.07.1995 at about 12 in the noon the appellant came to the residence of the deceased and called the deceased o accompany him. Upon this PW3 being Mother of the deceased inquired from the accused as to where are they going. The accused replied that they will return soon and after this he took the deceased along with him holding his hand. Father o