JUDGMENT :

Manoj Kumar Ohri, J.

The present proceedings are instituted challenging the judgment on conviction dated 14.01.2013 passed by ASJ-03(NE), Karkardooma Courts, Delhi arising out of SC No.115/10 in FIR No.24/08 registered under Section 307 IPC at P.S. New Usmanpur, Delhi whereby the appellant was convicted for an offence punishable under Section 307 IPC and vide order on sentence dated 15.01.2013, the appellant was directed to undergo RI for two years with a fine of Rs.5,000/-, in default of which, the appellant was directed to undergo RI for a period of six months. The benefit of Section 428 Cr.P.C. was granted to the appellant.

2. The facts of the prosecution case, as noted by the trial court, are:

"That on 27.01.08 on receipt of DD no. 23A HC Jagbir Singh along with Ct. Mehboob Ali reached the spot i.e. gali no. 20, H. no. R/118, Brahmpuri, Delhi where he came to know that the injured had already been removed to GTB hospital by PCR van. HC Jagbir Singh along with Ct. Mehboob Ali reached GTB hospital and collected MLC no. C-377/08 of injured Noorjahan and the MLC showed t