JUDGMENT :

MANMOHAN, J.

1. Present appeal has been filed by appellant-convict challenging the judgment dated 14th December, 2017 and the order on sentence dated 19th December, 2017 passed by District and Sessions Judge, North District, Rohini, Delhi in Sessions Case No. 57569/2016 arising out of FIR No. 34/2012 registered with Police Station Bawana, whereby he had been convicted under Sections 302/201 of the Indian Penal Code (hereinafter referred to as ‘IPC’) and sentenced to life imprisonment with a fine of Rs. 10,000/- for an offence punishable under Section 302 IPC and seven years rigorous imprisonment with fine of Rs. 2,000/- for the offence punishable under Section 201 IPC.

CASE OF THE PROSECUTION

2. The case of prosecution, as noted by the Trial Court, is reproduced hereinbelow:-

“1. Case of the prosecution as disclosed from the report U/s 173 Cr.P.C. is that SI Anil Tushir on 28.01.2012 on receipt of telephonic information about DD No.53B reached MB Hospital along with Ct. Surender and collected MLC of deceased Dinesh who was brought dead at 5.48 pm on 28.01.2012. Rakesh S/o Ishwar Singh (PW8) who had got the deceased admitted in the hospital gave his statement and stated inter alia that he had gone along with Mr. Lalit to Narela to get his Santro car repaired. When he came back at about 5.00 pm at the chaupal of his village, he found a crowd there. Mother and sister of his Mohalla companion Amit S/o Ram Karan (accused) were found perplexed and they were making enquires about their elder son Sachin. When he (PW8) inquired further, mother of Amit said “Mai toh barbad ho gayi. Amit ne apne dost Dinesh ke saath jhagda kar diya hai”. He stated further that he telephoned Ashu S/o Ramesh on 8800335864 as Dinesh and Ashu used to remain together, from mobile of his friend Modhu bearing no.9212637438 as balance in his mobile was inadequate. Ashu told PW8 that he had not met Dinesh today and thereafter PW8 telephoned Amit from his mobile no.9210225968 which was connected 3-4 times. Amit appeared frightened and said “Bhai mere se galti ho gayi hai. Maine Dinesh ka kaam tamaam kar diya hai usey bacha sakte ho toh bacha lo”. He asked from Amit about the place of quarrel and the place where Dinesh was killed. Amit told him that deceased Dinesh has been thrown in a pit near a factory located behind Hanuman Mandir, Nangal Mor, Khanjhawala Road.

2. Sh. Rakesh has stated further that he along with Lalit (PW10) drove his Santro and reached near Hanuman Mandir Nangal Mor and found Dinesh lying in an injured condition in a deserted place in a pit. Effort to take out Dinesh from the pit was made who was crying in pain. Dinesh had uttered name of Amit 1-2 times. With the help of Lalit, Dinesh was brought to the car but in between Dinesh had fallen down at one place, was picked up and was taken to MB hospital where doctor declared him dead. There were injury marks of knife on the chest and back of Amit.

3. Sh. Rakesh has further stated that altercations used to take place between Amit and Dinesh on account of money transactions. Amit had threatened Dinesh 7-8 days ago. Brother of Amit namely Sachin, Dinesh, Arun and another boy of gali who was also named Sachin had been to Manali last month for 7-8 days. Expenses of trip of Sachin were borne by Dinesh. He stated that Amit along with his companion has murdered Dinesh.

xxxx xxxx xxxx xxxx

19. Charge against the accused was framed on 25.05.2012 U/s 302/201 IPC to which accused pleaded not guilty and claimed trial.”

FINDING OF THE TRIAL COURT

3. The conclusion of the Trial Court is reproduced hereinbelow:-

“65. PW25 and PW26 have categorically brought on record the clinching material incriminating evidence in the shape of motive and last seen against the accused which when read with other facts and circumstances of the case leave no hitch in concluding that it was accused Amit Sehrawat @ Lambu and none e