C. HARI SHANKAR, J.

1. The appellant Vivekanand Bihari seeks, by means of the present appeal, to challenge the judgment, dated 25th September 2013, and the consequent order, dated 26th September 2013, passed by the learned Additional Sessions Judge, Dwarka (hereinafter referred to as “the learned ASJ”), whereby the appellant has been found guilty of having committed the murder of Prabhash, and of having thrown his dead body in the “ganda nala” (drain), thereby committing offences punishable under Sections 302 and 201 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”), and sentenced, accordingly, to suffer rigorous imprisonment for life, for the offence punishable under Section 302, and to rigorous imprisonment for 3 years, along with fine of Rs. 3000/-, for the offence punishable under section 201 of the IPC.

2. Case of the prosecution as per the Charge sheet:

The charge-sheet, which was filed, in the present case, on 23rd January, 2012, alleges as under:

(i) On 21st October 2011, at 6:40 AM, Ct. Mukesh Kumar (PW-1) received a call, stating that a dead body was lying near Indira Park Mother Dairy. The said information was noted down vide DD No 8A, which was sent to SI Krishan Kumar (PW-18) through Ct. Narender (PW-9).

(ii) The IO, Inspector Renu Sharma (PW-22), who was also informed about the incident arrived at Indira Park, Mother Dairy, near the “ganda nala”, along with Const Naval (PW-7). SI Krishan Kumar (PW-18) and Ct. Narender (PW-9) were already present there.

(iii) The team found a dead body of a 20 to 30-year-old male, lying in the middle of the “ganda nala”, towards the western side. The body was half naked. The upper part of the body was covered with a brown colour T-shirt. A white pant and a blue underwear were on the body, below the ankle. Injury was seen on the forehead, above the left eye. The area between the nose and neck of the body was burnt. The teeth, as well as the bones of the face, were protruding. The left ear, and half of the right ear of the dead body were missing. There were cut marks on the chest. Burn injuries were present on the feet, and the private parts of the deceased were also burnt, using some chemical. The bone of the left arm was exposed, from elbow to shoulder, and fingers of both hands were burnt. It appeared, therefore, that, after murdering the deceased, the murderer had burnt his face, hands and private parts, using a chemical, in order to conceal his identity.

(iv) Accordingly, rukka (Ex PW-22/A) was prepared, by the IO (PW-22), at 7:55 AM, setting out the above facts and opining that an offence, under Sections 302 read with 201 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”), appeared to have been committed. The IO (PW-22) sent Ct. Narender (PW-9) to the police station (P.S. Sagarpur), and had the FIR lodged, whereafter further investigation was carried out by the IO.

(v) The District Crime Team was summoned to the spot, which was inspected and photographs taken. As the dead body could not be identified, it was preserved in the mortuary of the DDU Hospital for 72 hours.

(vi) On inspection, the IO found blood stains to be present in Gali No 33. These blood stains, when followed, were found to constitute a blood trail, ending near House No 25A, Gali No 33, Indira Park, which was found locked from outside.

(vii) On making enquiries, it was found that ownership of House No 25A, Gali No 33, Indira Park, vested with Mr.Prem Bharadwaj (PW-4). Accordingly, Prem Bharadwaj (PW-4) was summoned. The lock of the house was broken, whereupon a bloodstained mat, white and green in colour and a blood-stained blanket were found in the room, a blood-stained karni (a masonic tool) was found in the cupboard, a blood-stained vest was found lying on a wire, an unwashed mop was found lying near the kitchen and one blood-stained plastic bag was found lying on the slab in the room. Identity cards of the appellant and Prabhash @ Prabhu (who was later identified as the decease