The central legal point established in the judgment is the court's reliance on witness testimonies, post-mortem evidence, and police reports to confirm the appellant's involvement in the murder, leading to the conviction under Section 302 IPC.

Sanjiv Khanna, J. (Oral)

1. The Appellant Dalip Kumar @ Albeli impugns his conviction by the impugned judgment dated 24.04.2010 passed in Sessions Case No.75/2009 arising out of FIR No.314/2006, Police Station Model Town. The appellant has been convicted under Section 302 of the Indian Penal Code, 1860 (IPC for short) for murder of Lal Bahadur between 10:30 to 11:00 p.m. on 20th May, 2006 at house No.H-107, DESU Colony, Rana Pratap Bagh, Delhi.

2. By order on sentence dated 28.04.2010, the Appellant has been sentenced to undergo imprisonment for life and pay fine of Rs.10,000/-in default of which he is to undergo rigorous imprisonment for three years.

3. Homicidal death of Lal Bahadur pursuant to incised wounds has been proved beyond doubt and was not challenged by Ms. Manjusha Wadhwa, Amicus Curiae appearing for the appellant. MLC of the deceased Ex.PW-17/A was proved by Dr. Ranjan Verma, (PW-17), CMO Hindu Rao Hospital who deposed that on the intervening night of 20/21st May, 2006 at about 12:30 a.m. he had examined Lal Bahadur, son of Madan Lal, aged 50 years. Deceased was brought by Head Constable Rajinder of PP Sangan Park. He was declared brought dead and the body was sent to the mortuary. The post-mortem was conducted by Dr. C.B. Dabas, (PW-15) on 22.05.2006 and in the post-mortem report Ex.PW-15/A and as per in the Court deposition of PW-15, the following injuries were observed on the body of the deceased:-

"(1) Incised wound 1.8 x 0.5cms skin deep on right forearm on front part.

(2) Incised wound 2.7 x 0.5 cm muscle deep over middle front part of right thigh.

(3) Incised wound 3.1 x 0.6 cm muscle deep over back of right thigh in middle and lower part with upper angle of the wound was round and lower angle was actue.

(4) Incised wound 5 x 0.8 cm over front of right leg in middle part.

(5) Incised wound 3 x 0.5 cms over back of right leg.

(6) Two incised wounds measuring 4 x 0.4 cms over left leg on medial and lower part and communicating with each other.

(7) Incised wound two in number located on middle back part of left thigh measuring 2.5 x 0.8 cm and 2.5 x 0.6 cms respectively and communicating with each other.

(8) Incised wound 3 x 0.5 cm and 2.5 x 0.6 cms respectively and communicating with each other.

(9) Multiple abrasions of varying sizes of 0.5 x 0.5 cms to 2.5 x 1 cms over back of chest and back of abdomen around spin.

(10) One stabbed would 5 cm x 0.8 cm located on left side front of chest in fifth inter costal space, 6 cms outer to mid line and 127 cms above-left heel. Wound was placed obliquely with upper and right angle being acute in lower angle being round. The wound was penetrating into chest cavity."

4. PW-15 has testified that on dissection and exploration of injury No.10, it was noticed that this injury had entered the chest cavity through fifth inter costal space cutting the lower border of fifth rib and then perforating through pericardium, anterior and posterior walls of left ventricle, posterior part of pericardium, anterior surface of left lung in its lower border of upper lobe and ended in upper part of lower lobe. There was effusion of blood alongwith track of the wound. Length of the track was 14 cms. PW-15 opined that injury No.10 had been caused by a sharp edged weapon which was sufficient to cause death in the ordinary course of nature. Injury Nos.1 to 8 were also caused by sharp edged weapon and injury No.9 had been caused by blunt force impact with a hard surface or object. All the injuries were ante mortem in nature. The time of death was approximately 35 to 36 hours. A knife Ex.P-1 was also shown to PW-15 and he observed that the injuries in question except injury No.9 were possible with the said weapon.

5. On the question of involvement of the Appellant, the learned counsel for the Appellant has submitted that Anita, Meera and Versha, PW-1, PW-2 and PW-3 respectively have turned hostile. They were cross-examined by the Additional Public Prosecutor. She submits that this has