JUDGMENT

Anish Dayal, J. - The appellant assails the order and the judgment dated 20th April, 2019 by the learned Trial Court convicting the appellant for the offence punishable under Section 302 IPC and order on sentence dated 24th April, 2019 awarding sentence of rigorous imprisonment for life to the appellant and a fine of Rs.2,000/- (simple imprisonment for two months in default of payment of fine). By the same impugned judgment, co-accused Sumit @Akki @Akshay was also convicted for the commission of offence punishable under Section 326/34 IPC and sentenced to a period of six years for that offence. At the time of the hearing of the appeal, it transpired that Sumit @Akki @Akshay had been released from prison on 16th October, 2019 having served his full sentence. As per the prosecution two others were also involved in FIR No.477/2013 dated 30th October, 2013 viz. 'S' and 'K', but when investigation commenced both were found to be juveniles and hence their inquiries were conducted before the Juvenile Justice Board.

The Incident:

2. As per the case of the prosecution, Sunny Kumar Gupta (PW-3) stated that he along with Shahnawaz Ali and Ashwani on the intervening night of 29th-30thOct