JUDGMENT

Manmohan, J. - Present appeal has been filed by appellant-convict challenging the judgment dated 29th January, 2018 and the order on sentence dated 31st January, 2018 passed by Additional Sessions Judge-02, New Delhi District, Patiala House Courts, New Delhi in Sessions Case No. 71/2017 arising out of FIR No. 157/2013 registered with Police Station Vasant Vihar, whereby he had been convicted under Sections 302 of the Indian Penal Code (hereinafter referred to as ''IPC'') and sentenced to rigorous imprisonment for life with a fine of Rs. 20,000/-.

CASE OF THE PROSECUTION

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

" 1. Brief facts of the case as per prosecution case are that on receipt of DD No. 21-A SI Suresh and Ct. Dharambir went to house no. 401/1, BE, Budh Vihar, Munirka and found a dead body of one girl namely Sakshi @ Pinki daughter of Sh. Pritam Singh. The deceased was taken to Safderjung Hospital where she was declared dead. On the MLC, the doctor opined gunshot injury. IO came back to the spot and found an eye witness namely Ishwar Chand and recorded his statement who told that at about 10.45 pm, when he was present at his house he heard noise like a cracker and all of a sudden his brother Bhisham Raj''s grand daughter namely Archana came and told that deceased who was residing in the neighbourhood had fallen and her aunt is calling him. He reached at the house of the deceased and found the door of the deceased bolted from inside. He knocked at the door and after some time the door opened and he saw Sakshi @ Pinki lying on the floor and one boy (accused Subhash) was standing nearby and stated that the dispute was their personal matter and thereafter the accused closed the door from inside. The wife of the said Ishwar Chand had also gone to the house of the deceased to invite for a marriage and all of a sudden she saw that the accused opened the door and ran away.

2. On the basis of the said complaint a rukka was prepared and the present case under section 302 IPC was registered. IO Inspector Ram Sahai came to the spot and conducted the investigation. He called the crime team and got the photographs of the deceased as well as the site of the incident clicked and lifted the blood samples and also the empty cartridges and also collected the other evidence including the marriage card and a newspaper carried by accused. During investigation IO searched the accused and arrested him, who disclosed that he had fallen in love with the deceased, but the deceased and her family were opposing the marriage due to which he killed her. The accused got the country made revolver recovered from his house and confessed to his crime. During the investigation the blood sample and the semen sample of the accused were collected and sent for FSL examination for their comparison with blood and semen on the clothes of the deceased as well as vaginal swab. The country made pistol was also sent for ballistic expert examination and the accused was produced in the Court. The accused refused to participate in the TIP proceedings. IO after recording statements of the witnesses and collecting the various expert reports and preparing the documents completed the investigation and filed the challan. After supplying the copies a charge under section 302 IPC was framed against the accused to which he pleaded not guilty and claimed trial."

FINDING OF THE TRIAL COURT

3. The Trial Court had come to the conclusion that the prosecution had proved its case beyond reasonable doubt and the appellant-convict was convicted under Section 302 IPC. The conclusion of the Trial Court is reproduced hereinbelow:-

" 8. The defence taken by the accused is clearly a false defence in view of the scientific evidence of PW 26 Dr. V.K. Mahapatra, who has proved his biological and DNA reports which categorically proves that the sperms of the accused matched with the vaginal swab of the deceased, which clearly proves that before com