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 dated 13.07.2018 and order on sentence dated 18.07.2018 passed by the Court of learned Additional Sessions Judge, Dwarka Courts, Delhi, in Session Case No.440982/2016 in FIR No.157/2013, registered at Police Station Palam Village 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 was sentenced to rigorous imprisonment for life alongwith a fine of Rs.50,000/-, in default of payment of fine, to further undergo simple imprisonment for a period of six months.

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

"The case of the prosecution is that on 05.06.2013, DD no. 24A was assigned to PSI Amrender regarding an injury with screwdriver to a person. Thereafter, he alongwith Ct. Piplad reached at the spot i.e. H. No. 154, Gali No.2, Phase-I, Manglapuri, where PCR Van Z- 45 was already found present and injured Sudesh Kumar was going to shift in the said PCR Van. Injured Sudesh told him that his brother in law (saala), namely Akash had hit him from behind with some sharp weapon. Thereafter, on checking, PSI Amrender found two injuries marks, one was on the back and another was between the back right and front side below the place of hand and armpit. No blood was oozing from him. PCR officials were immediately asked to take him to the hospital and house of the injured was inspected, where no blood stains were found. Thereafter, on enquiry from the family members of the injured, it was revealed that injured Sudesh was assaulted by his saala Akash and the eye witness of the same is Aadesh, brother of injured Sudesh, who had accompanied with the PCR Van and injured to the hospital. After that, he alongwith Ct. Piplad went to DDU Hospital, where injured was declared brought dead vide MLC No. 13692/13 and dead body was shifted to the mortuary of DDU Hospital and Sh. Adesh, brother of injured was found present there. PSI Amrender collected the abovesaid MLC. Thereafter, he alongwith Sh. Adesh reached at the police station and recorded the statement of Sh. Adesh, wherein he stated that his younger brother Sudesh had got married with Monika on his own wish but the family members of Monika were not happy with the said marriage. Akash, brother of Monika was very much annoyed with the said marriage and mostly threatened him and his family members to kill him. Earlier also 2-3 times he came to his home for quarrel. Today, on 05.06.2013, at about 5 p.m., when he was going to Manglapuri Chowk, then he saw his brother Sudesh was coming and he also saw that brother-in-law of Sudesh came from his behind and after assaulting upon him, he ran away. He ran towards the Akash to catch him but due to distance he could not. Thereafter, he saw that Sudesh had fallen and he came near to him and Sudesh told him that Akash had assaulted upon him with a sharp weapon from behind and had ran away. Thereafter, he brought Sudesh to home and told the entire facts to his family members and made a call at phone No. 100. On his said statement, the present case was registered under Section 302 IPC against the accused Akash. Thereafter, site plan was prepared at the instance of Sh. Aadesh, accused Akash was arrested, interrogated, his disclosure statement was recorded and weapon of offence was recovered. After completion of all the proceedings and Investigation, charge sheet was filed against the accused Akash."

3. To bring home the guilt of the accused, the prosecution examined 21 witnesses in all. Statement of the accused was recorded under Section 313 of Code of Criminal Procedure by the learned t