Sanjiv Khanna, J.

1. Daya Nand Giri impugns the judgment dated 21st August, 1999 in Sessions Case No.11/1998 arising out of charge sheet filed in FIR No.187/1998, Police Station Mehrauli, convicting him under Section 302 of the Indian Penal Code, 1860 (IPC, for short) for having committed murder of his co-security guard Hari Om in the intervening night between 8th and 9th April, 1998 at J.S. Farms, village Dera, Mehrauli, Delhi. The appellant has also challenged the order on sentence dated 23rd August, 1999 by which he has been sentenced to undergo imprisonment for life, fine of Rs.5,000/-, and in default of payment of fine, to undergo rigorous imprisonment for two years. Benefit of Section 428 of the Code of Criminal Procedure, 1973 (Cr. P.C. for short) has been granted.

2. The appellant has challenged his conviction on merits and in the alternative that the offence should be converted to one under Section 304, Part I or Part II of the IPC. We would first examine the contention whether there is sufficient evidence to establish that the appellant Daya Nand Giri was the perpetrator who was responsible for the homicidal death of Hari Om. The factum that Hari Om had died a hom