JUDGMENT

Sangita Dhingra Sehgal, J. - Present appeal under Section 374 (2) of the Code of Criminal Procedure (hereinafter referred to as ''Cr.P.C'') has been preferred against judgment dated 18.04.2018 and order on sentence dated 20.04.2018 passed by the learned Additional Sessions Judge-05, South East District, Saket Courts, New Delhi in Sessions case No. 2282/2016 arising out of FIR No. 359/2011, under Sections 302/404/201/34 of the Indian Penal Code, 1860 (hereinafter referred to as ''IPC'') registered at Police Station Amar Colony, New Delhi whereby the learned Sessions Judge found the appellant-accused guilty and convicted him for the offences punishable under Sections 302, 201 and 404 of the IPC and sentenced him to undergo imprisonment for life and fine of Rs.2000/- for the offence punishable under Section 302 IPC, in default of payment of fine, rigorous imprisonment for 15 days. Further, the appellant-accused was sentenced with imprisonment of two years and fine of Rs. 1000/- for the offence punishable under Section 201 IPC, in default of payment of fine, rigorous imprisonment for 10 days; appellantaccused was also sentenced with imprisonment of one year and fine of Rs.1000/- for the offence punishable under Section 404 IPC and in default of payment of fine, rigorous imprisonment for 10 days.

2. The brief facts of the case, as mentioned by the learned Trial Court are reproduced as under:

"...that a PCR call vide DD No 10-A dated 23.09.2011 at Police Station Amar Colony was received regarding one unclaimed bag / bori lying at D-106, East of Kailash, Prakash Mohalla near Gate No.5, near drain and same was marked to Assistant Sub Inspector Balbir Singh (PW-17). Inspector Govind Sharma (PW-30) alongwith driver Jagat and Constable Mahavir also reached there where Assistant Sub Inspector Balbir Singh, Constable Lalit, Constable Vinod, PCR Van kite-29 with Head Constable Moti Singh were found. They found lying a white colour plastic bag near the gate which was opened and a dead body of 22-23 years old boy was found therein. One jute bag and two pieces of wire of compute record were also found lying in the said white colour plastic bag. There was a board of packing in the jute bag. Deceased was having ligature mark. One person, namely Hazi Shahid (PW-05) reached at the spot and he identified the deceased as Faheem who was the son of his brother-in-law. Hazi Shahid stated that Faheem was missing since tomorrow 09:00 PM to whom there were searching. On search of deceased, Rs.21/- was recovered from his wearing jeans pant.

2. Inspector Govind Sharma prepared a tehrir and same was sent to police station for registration of FIR through Constable Vinod. Two wheeler/ Scooter bearing no. UP12-H-2123 of the deceased was also found lying near the spot i.e near the Shop No.3, DDA Market, East of Kailash, New Delhi. Crime team also called and same was reached who inspected the spot and took the photographs of the spot. On instructions of the Inspector Govind Sharma, scooter of deceased and room of the deceased i.e C-109, Prakash Mohalla was also inspected and photographs were taken. Dog squads also inspected the spot. Site plan of the spot was prepared. After removing the dead body of the deceased, three leaves having blood stains were also found and same were also taken into possession. The said scooter was taken into possession. RC was also found in the dicky in the scooter which was also taken into possession. Rs. 21/-, one plastic bag, one jute bag, one board of packing and two broken wires were also taken into possession. Case property was deposited into Malkhana. Postmortem of the dead body was also got conducted. On 29.09.2011, Investigating officer Govind Sharma came to know that accused Zakir Malik and his brother Sakir Malik had moved an application for surrender and pleading guilty before Ms. M.T. Kerketta, learned Metropolitan Magistrate, Saket Court, New Delhi. Accused Zakir was stopped when he was going to the Court and his s