Dr. S. Muralidhar, J.

1. This is an appeal filed by the accused, Sunil Kumar, against the judgment dated 28th September 2016 passed by the Additional Sessions Judge-3 (ASJ), South District, Saket Courts, New Delhi, convicting the Appellant under Section 302 of the Indian Penal Code, 1860 (‘IPC’) and the order of sentence dated 17th October 2016 whereby the Appellant was sentenced to undergo imprisonment for life and fine of Rs. 50,000/- and in default of payment fine, to undergo simple imprisonment for six months.

Case of the prosecution

2. The story of the prosecution is that the Appellant was a constable with the Delhi Police. He was attached to the 7th Battalion at the Police Training School (‘PTS’) at Malviya Nagar Police Lines. His colleagues were Constable Kalu Ram (PW-1), Constable Udham Singh (PW-5), Constable Himanshu (PW-8), Constable Sachin (PW-14) and Constable Dinesh (deceased). They were part of the Rapid Interception Squad (RIS). The policemen assigned to the RIS would remain on duty for about three hours. There would be a change every three hours.

3. On the fateful day, i.e. 7th May 2012, the accused and the aforementioned constables were on CP (Reserve) duty for