HIMA KOHLI, J.

1. The present appeal is directed against the judgment dated 13.2.2018, passed by the court of the learned Additional Sessions Judge, Pilot Court, North District, Rohini Courts, New Delhi (“ASJ”) in Sessions Case No.220/2017, arising from FIR No.598/2016 registered at PS Mahendra Park, New Delhi whereunder, the appellant has been convicted for the offence under Section 302 IPC. The appellant is also aggrieved by the order on sentence dated 17.2.2018, whereby he has been sentenced to undergo life imprisonment for the offence under Section 302 IPC alongwith fine of Rs.5,000/- and in default of payment of fine, to further undergo simple imprisonment for one year.

2. The appellant herein was arrayed before the trial court as accused No.4 (A-4). He was sent to trial alongwith four other co-accused i.e. Prateek @ Bholu (A-1), Prashant @ Chhotu (A-2), Kamal @ Jaipal (A-3) and Sandeep @ Pankaj @ Bachha (A-5). Under the impugned judgment, except for the appellant herein, the other accused have been acquitted of the charge under Section 302 IPC.

CHARGE FRAMED

3. Vide order dated 25.4.2017, the trial court framed the following charge against A-1, A-2, A-3 and A-4:-

“I Virender Kumar Bansal, do hereby charge you accused 1) Prateek @ Bholu S/o Sh. Talewar Singh, 2). Prashant @ Chhotu @ Amitesh S/o Sh. Talewar Singh, 3). Kamal @ Jaipal S/o Sh. Ram Bhool, 4). Saddak Hussain S/o Sh. Shakir Ali as follows:- That on 25.12.2016 at about 8.15 pm at A-1 Market near Country Made liquor Van, Jahangir Puri, Delhi within the jurisdiction of PS: Mahendra Park you all with you co-accused Sandeep and Ajay (not arrested) in furtherance of your common intention caused death of Jeet Kumar eye witness of case FIR No.282/2016 PS: Mahendra Park and thereby committed the offence punishable u/s 302 IPC r/w 34 IPC and with the cognizance of this court. And I hereby direct that you be tried by this court for the aforesaid offences punishable u/s 302/34 IPC. (Virender Kumar Bansal) ASJ/Pilot Court/North, Rohini Courts 25.04.2017”

4. On 19.5.2017, charge was amended due to an error in the FIR No. and it was framed as follows:-

“I Virender Kumar Bansal, do hereby charge you accused 1) Prateek @ Bholu S/o Sh. Talewar Singh, 2). Prashant @ Chhotu @ Amitesh S/o Sh. Talewar Singh, 3). Kamal @ Jaipal S/o Sh. Ram Bhool, 4). Saddak Hussain S/o Sh. Shakir Ali as follows:- That on 25.12.2016 at about 8.15 pm at A-1 Market near Country Made liquor Van, Jahangir Puri, Delhi within the jurisdiction of PS: Mahendra Park you all with you co-accused Sandeep and Ajay (not arrested) in furtherance of your common intention caused death of Jeet Kumar eye witness of case FIR No.282/2016 PS: Mahendra Park and thereby committed the offence punishable u/s 302 IPC r/w 34 IPC and with the cognizance of this court.

And I hereby direct that you be tried by this court for the aforesaid offences punishable u/s 302/34 IPC.

(Virender Kumar Bansal)

ASJ/Pilot Court/North, Rohini Courts

25.04.2017”

5. During the trial against A-1 to A-4, the other accused, A-5, who was absconding, was arrested and a supplementary charge-sheet was filed against him. The learned ASJ framed the charge against A-5 on 30.8.2017, as under:-

“I Virender Kumar Bansal, do hereby charge you accused 1) Prateek @ Bholu S/o Sh. Talewar Singh, 2). Prashant @ Chhotu @ Amitesh S/o Sh. Talewar Singh, 3). Kamal @ Jaipal S/o Sh. Ram Bhool, 4). Saddak Hussain S/o Sh. Shakir Ali as follows:-

That on 25.12.2016 at about 8.15 pm at A-1 Market near Country Made liquor Van, Jahangir Puri, Delhi within the jurisdiction of PS: Mahendra Park you all along with your co-accused persons Ajay (not arrested) along with accused persons Prateek @ Bholu, Prashant @ Chhotu @ Amitesh Kamal @ Jaipa(sic), Saddak Hussain in furtherance of your common intention caused death of Jeet Kumar eye witness of case FIR No.382/2016 PS: Jahangir Puri and thereby committed the offence punishable u/s 302 IPC r/w 34 IPC and with the cognizance of this court.

An