C. HARI SHANKAR, J.

1. The impugned judgment, dated 11th August, 2015, convicts the appellant, under Section 302 of the Indian Penal Code (hereinafter referred to as the ‘IPC’), for committing the murder of Akash, and sentences him to imprisonment for life, along with fine of Rs. 5,000/-, with six months‘ simple imprisonment default sentence. It also extends, to the appellant, the benefit under Section 428 of the Code of Criminal Procedure (hereinafter referred to as ‘the Cr.P.C’).

2. The case of the prosecution, as contained in the charge sheet, dated 27th March, 2014, submitted by the prosecution to the Court of the learned Metropolitan Magistrate (hereinafter referred to as ‘the learned MM’) is set out as under:

2.1 Consequent on receipt of DD No. 35A (PW-16/A), SI Ashok Kumar (PW-16) and Const. Pawan (PW-12) reached a spot near the Jat Fauji Dharamshala, Jamuna Bazar, Kashmere Gate, where they found one person lying on the road, in an injured condition, near a white bus. HC Gajender (PW-11) was also present at the spot. Photographs of the injured victim were taken, whereafter he was immediately conveyed to the Sushruta Trauma Centre (hereinafter referred to as ‘the Hospital’) in the CATS Ambulance. The Mobile Crime Team was called to the spot. Leaving HC Gajender (PW-11) to guard the site where the injured victim had been found, SI Ashok Kumar (PW-16) and Const. Pawan (PW-12) proceeded to the Hospital, where MLC No. 185067/14 was drawn up by Dr. Girish Chandra Prabhat, Medical Officer, in which it was recorded that, the patient (unknown, 35 years of age) was brought in an unconscious condition, and that on examination, no pulse, blood pressure, or respiration could be detected. It was further noted that immediate efforts for Cardio Pulmonary Resuscitation (CPR) were started, but the patient could not be revived. Accordingly, the patient was declared ‘brought dead’. The ‘gross injury’ examination of the victim recorded that he had suffered (i) a penetrating wound, 6 x 3 cms on the left side of his chest, (ii) 3 x 1 cms cut injury on the left side of his lower lip, (iii) deep cut injury, 10 x 5 cms on the left side of his neck, (iv) 3 x 2 cms penetrating wound over the left side of his lower chest , (v) 4 x 2 cms penetrating wound on his right scapular region and (vi) cut injury on his left thumb. It was further noted that the cause of death would be ascertained after autopsy.

2.2 Despite efforts, no eye witness was found available at the Hospital. However, on the return of SI Ashok Kumar (PW-16) and Const. Pawan (PW-12) to the place where the victim had been found, Abhishek Kumar Pandey (PW-3), the complainant who had conveyed information, of the occurrence, to the police, arrived at the spot. His statement was recorded, wherein he stated that (i) he was running a ‘dhaba; (food stall) nearby, (ii) on that day, i.e. 26th March, 2014, at about 11.30 pm, while he was working at his dhaba, he saw that the appellant (who used to stay on the footpath near the shop, and whom he knew well) had caught hold of the deceased Akash, and was loudly threatening that he would not leave him alive, whereafter the appellant stabbed Akash repeatedly with a knife, as a result of which Akash fell to the ground, covered with blood, (iii) he knew Akash, who used to work as a labourer close to his shop, (iv) the police arrived at the shop a short while later and conveyed Akash to the Hospital and (v) his statement, as recorded by the Police, had been read over to him and was correct.

2.3 As the evidence in the form of the MLC (PW-19/X) read with the statement of Abhishek Kumar Pandey (PW-3) made out a case of murder under Section 302 IPC, “tehrir” was accordingly drawn up by SI Ashok Kumar (PW-16), which was duly registered by Const. Pawan (PW-12). Photographs of the spot of occurrence were taken, whereafter the Crime Team Report (SOC No. 369/14) was handed over, to him, by SI Nagender (PW-5), In-charge of the Mobile Crime Team. The site plan