The reliability of prosecution evidence, including witness testimonies and medical evidence, is crucial in establishing guilt beyond reasonable doubt.

JUDGMENT :

Sangita Dhingra Sehgal, J.

The present Appeal is instituted on behalf of the appellant under Section 374(2) of the Code of Criminal Procedure, 1973, (hereinafter referred to as "Cr.P.C.") against the impugned judgment of conviction dated 25.03.2017 and order on sentence dated 03.04.2017 passed by the Court of Special Judge (NDPS-01), West District, Tis Hazari Courts, Delhi, in Session Case No.56203/2016 in FIR No.455/2012, registered at Police Station Tilak Nagar under Section 302 of the Indian Penal Code,1860 (hereinafter referred to as "IPC") whereby the appellant was convicted for the offence punishable under Section 302 IPC and sentenced to rigorous imprisonment for life alongwith a fine of Rs.5,000/-, in default of payment of fine, to further undergo simple imprisonment for a period of one month.

2. Brief facts of the case, as noticed by the Learned Trial Court, are as under:-

"As per the case of prosecution on 18.11.2012 an information regarding a quarrel at H.No. 152, Tilak Nagar near Kali Mata Mandir was received from PCR at PP Tilak Vihar vide DD No.39PP. The same was entrusted to ASI Babu Lal, who rushed to the spot at H. No.152, Double Storey, Harijan Colony, Tilak Nagar, New Delhi, where on enquiry it was found that the injured has been taken to DDU Hospital, New Delhi. Meanwhile information regarding the admission of injured Vijay was received. Accordingly, said ASI alongwith Ct. Sandeep reached at DDU Hospital and collected MLC No.2444512 of Vijay S/o Kailash Chand, R/o H.No.152, Double Storey, Harijan Colony, Tilak Nagar, New Delhi, whereupon doctor mentioned "alleged H/O Physical assault, stab injury. Nature of injuries UO/Stab and Patient was unfit for statement". Statement of brother of injured namely Sh. Mahender was recorded in the hospital and on the basis of said statement, case was got registered U/s 307 IPC at PS Tilak Nagar on 18.11.2012. In his statement said Mahender alleged that one Monnu has stabbed his brother Vijay over the enmity on account of his illicit relation with the wife of accused Mannu. On 19.11.2012, accused Mannu s/o Late Hukam Chand, R/o Jhuggi No.82, Double Storey, Harijan Colony, Tilag Nagar, New Delhi was arrested and at his instance the weapon of offence i.e. blood stained chhuri (knife) was recovered. Site plan of the place of occurrence was prepared at the instance of accused. Scene of crime was got inspected through Crime Team. Photographer took the photographs of the place of occurrence from different angles. Then sketch of the knife was also prepared. The same was taken into police possession vide a pulanda sealed with the seal of BL through a seizure memo. On 19.11.2012 at 11.50 PM, an information was received from Safdarjung Hospital, New Delhi that injured Vijay expired during treatment. Section 302 IPC was added in this case. Postmortem on the dead body of deceased was got conducted at Mortuary, Safdarjung Hospital and thereafter, dead body was handed over to his brother. Subsequent opinion about the weapon of offence was taken. PM report of the deceased was collected whereupon doctor mentioned "death is due to shock as a result of penetrating sharp injuries to the chest. Injuries No.1, 2, 3 & 4 are singularly and collectively fatal and sufficient to cause death in the ordinary course of nature". Exhibits of the case were sent to FSL for expert opinion. Statement of witnesses recorded. Then, after completion of investigation charge sheet was filed in the court of concerned Ld. MM. Charge was framed against the accused u/s 302 IPC to which he pleaded not guilty and claimed trial.

3. In order to bring home the guilt of the accused, the prosecution examined 32 witnesses in all. Statement of the accused was recorded under Section 313 of Cr.P.C wherein he stated that he has been falsely implicated as there was some past enmity between him and the witnesses and pleaded innocence. The accused chose not to lead any evidence in his defence.

4. Ms. Inderjeet Sidhu, learned co