Kailash Gambhir, J.

1. Challenge in the present appeal is the impugned judgment and order on sentence dated 16.01.2008, whereby the learned Additional Sessions Judge had convicted the appellant for the commission of offence punishable under Section 302 of Indian Penal Code, 1860 (hereinafter referred to as “IPC”) and sentenced him to undergo imprisonment for life together with fine of Rs.5,000/- or in default of payment of fine, to further undergo rigorous imprisonment for a period of one month.

2. The case of the prosecution in brief is reproduced as under:-

"On 14.02.2005. Constable Ashok Kumar, while posted at PS Mangolpuri, was on duty in F and G block, Magolpuri as Beat constable. The constable was present near masjid of F block mangolpuri. At 8.30 p.m, he heard alarm being raised ‘killed-killed’. This alarm attracted him towards the place from where the alarm was emanating. Constable Ashok Kumar then saw the accused with a knife in his right hand. The accused was trying to run away. The Constable tried to catch hold of him, but in vain as the accused entered a park of F-Block and then vanished. The Constable then came to the shop of junk dealer, situated at F-939,