JUDGMENT :

MUKTA GUPTA, J.

1. By way of this appeal, the appellant challenges the judgment of learned Trial Court dated 19th July, 2017 whereby the appellant was convicted for committing murder of one Yunus (“deceased”) and causing injury to one Afzal (PW-5/injured eye-witness); and also the order on sentence dated 17th August, 2017 whereby the appellant was directed to undergo rigorous imprisonment for life alongwith fine of Rs.1,00,000/- and in default whereof, rigorous imprisonment for two years for offence punishable under Section 302 of Indian Penal Code, 1860 (“IPC”), as also rigorous imprisonment for six months alongwith fine of Rs.1,000/- in default whereof, simple imprisonment for one month for offence punishable under Sections 323/34 IPC. Three other persons namely Imran, Amir and Azeem were absconding but on being apprehended later, they are presently facing separate trial.

2. In nutshell, facts of the case are that appellant was married to one Shahna (PW-20). For the last ten months, appellant was not staying with Shahna and their child at the matrimonial home i.e. H.No. D-153, Gali No. 7, Dayal Pur. On 1st February, 2014, Shahna along with her minor child went to live with her parents at Aurangabad. On 13th February, one neighbor called up Shahna to inform her that the appellant was breaking open the lock of her house. Thus, on 13th February, 2014 at about 9:30 PM, Afzal (PW-5) alongwith his bua Shahna and his uncle/deceased Yunus reached H. No. D-153, Gali No.7, Dayal Pur and on reaching the third floor, the lock of the main gate was found broken and hanging in the Kunda. On entering the house, some goods were found missing while others were found scattered and accordingly, Afzal made a call at number 100. Thereafter, Afzal and deceased came outside the house and on the road, the appellant and his nephews Imran, Amir and Azeem were found standing. On seeing Afzal and deceased, the appellant and the three boys started beating Afzal and deceased with lathis and danda. On hearing the cries of Afzal and the deceased, neighbours gathered at the spot as also Shahna (PW-20) and Zaboon Nisha (Afzal’s grandmother) and thereafter, the accused persons ran away while threatening to kill the victim and the deceased. The deceased became unconscious and on the PCR vehicle arriving, it took the deceased and Afzal to the GTB Hospital where the deceased was declared “brought dead” while treatment was provided to Afzal. Thereafter, Afzal was declared fit for statement and his statement/rukka (Ex. PW-5/A) was recorded, on which FIR No.150/2014 dated 14th February, 2014 under Sections 304/323/34 IPC was registered at Police Station Khajuri Khas. Afzal was taken to the spot by I.O. SI Naveen Rathi (PW-22), where crime team was also called and the crime scene was inspected. After collecting the relevant exhibits from the crime scene, upon a secret information, I.O. alongwith Ct. Naresh Veer (PW-23) reached old Police Chowki, 33 foota road, Karawal Nagar and at about 3:45 AM, the appellant was seen coming from the Karawal Nagar side. On identification by the secret informer, the appellant was arrested vide arrest memo Ex. PW-22/F and his disclosure statement (Ex. PW-22/H) was recorded.

3. On 14th February, 2013, post mortem examination of the deceased was conducted by Dr. Neha Gupta (PW-9) at GTB Hospital, who tendered her report (Ex. PW-9/A). It was opined:

“General Observations: It was a dead body of an adult Male, average built wrapped in white cotton sheet wearing green and black check Angochha, green sweater, blue jeans, white cotton belt, blue shoes, brown shocks and blue half T-shirt. Bilateral black eye present. Bilateral nasal and ear bleed present. Eyes and mouth were closed. Rigormortis present in well developed stage all over the body. Post-mortem staining present at the back and fixed. Cornea opaque.

External Antemortem Injuries:

1. Lacerated wound obliquely present of size 9 x 0.5 cm. x bone deep present over right side forehead