MUKTA GUPTA, J.

1. Aakash suffered a stab injury on July 11, 2010 in the presence of his friend Sameer PW-3 when both of them had gone to Gulshan Dhaba near Hanuman Mandir, G.T.Road, Shahdara, Delhi owned by the two brothers Raju PW-1 and Shalu PW-2. Statement of Aakash was recorded on July 12, 2010 after he underwent the surgery and was declared fit for statement. Aakash was later shifted to GTB Hospital where he died on December 27, 2010. A charge-sheet was filed against Karan, the appellant herein for offence punishable under Section 304 IPC, however while framing the charge the learned Trial Court besides framing charge under Section 304-I IPC framed an alternative charge for offence punishable under Section 302 IPC. As per the autopsy surgeon, out of 7 external injuries only injury at Sl.No.7 corresponded with the wound in the MLC and other injuries were bedsores etc., hence Karan was convicted for offence punishable under Section 307 IPC and acquitted of the charges for offences punishable under Sections 304 and 302 IPC. The present appeal challenges the said judgment dated August 14, 2014 convicting Karan for offence punishable under Section 307 IPC and the order