Sanjiv Khanna, J.:— (ORAL)

By the impugned judgment dated 16th February, 2009, the appellant Mohd. Shahabuddin has been convicted under Section 302 Indian Penal Code, 1860 (IPC) for murder of Ashok. He has been sentenced to life imprisonment and fine of Rs.5,000/-. In default of payment of fine, he has to undergo rigorous imprisonment for six months. The appellant has also been convicted under Section 201 IPC and sentenced to rigorous imprisonment of four years and fine of Rs.2,000/-. In default of payment of fine, he has to undergo rigorous imprisonment for three months.

2. Ashok, the deceased was carrying on business of manufacturing school bags, at premises No.210/211, Gokalpuri, Delhi, in partnership with Ram Sahai, his brother-in-law. In the night intervening 14 and 15th May, 2005, Ashok was murdered on the ground floor of the said factory, where he was sleeping. Dead body of Ashok was found at about 9.30 A.M. by his daughter Pinki, then aged about 10 years. The body had several injury marks and was bleeding from different parts.

3. Autopsy of Ashok’s dead body was done and as per Dr. S. Lal (PW-3), the deceased had 14 ante mortem injuries. He opined that the cause of