JUDGMENT :

MUKTA GUPTA, J.

1. By this appeal, the appellant challenges the judgment of learned Trial Court dated 17th August, 2018 whereby the appellant was convicted for murder of his brother Rajender Singh (“deceased”) by stabbing him with a knife; and the order on sentence dated 28th August, 2018, whereby the appellant was directed to undergo imprisonment for life along with fine of Rs.10,000/- in default whereof, simple imprisonment for six months for offence punishable under Section 302 of Indian Penal Code, 1860 (“IPC”).

2. In nutshell, brief facts of the case are that on 28th August, 2013, Sanjay Kumar (PW-15) made a PCR call at number 100 and informed that the tenant of a room at the house No. F-178, Laxmi Park, Nihal Vihar had went away after locking the room and that blood was coming out from the said room. The said information was recorded vide DD No.27A which was marked to SI Sugriv (PW-23). SI Sugriv alongwith Ct. Jai Kishore reached the spot and found foul smell emanating from the room as also blood coming out from underneath the door of the said room. Thereafter, the lock of the door was broken with a brick. Inside the room, one bed was found lying and clothes were found lying on the side. On removing the clothes, dead body of one sardar was found lying. The crime team was called to the spot and in the meanwhile, Insp./IO Pramendra Singh (PW-28) also reached the spot. The dead body was sent to the mortuary at SGM Hospital at Mangolpuri. Rukka (Ex. PW-23/A) was prepared pursuant to which, FIR No.294/2013, dated 23rd August, 2013, under Section 302 IPC at Police Station Nihal Vihar, West (Ex. PW-5/A) was registered. On 24th August, 2013, the dead body was sent for postmortem examination, and was identified as Rajender Singh @ Vicky by the mother Smt. Kartar Kaur (PW-10) and one Narender Kumar (PW-8). After postmortem examination, the body was handed over to the mother Smt. Kartar Kaur (PW-10).

3. Dr. Manoj Dhingra (PW-16) alongwith Dr. Manish Wadhwan conducted the postmortem examination on the body of the deceased and tendered his report Ex. PW-16/A and opined :

1. Stabbed wound 2 x 0.6cm x ?, wedge shape, obliquely placed on front of midline chest 5cm below sterna & 14cm from left nipple : with one angle acute and other rounded. On exploration, underlying skin, s/c tissues, muscles cleanly cut injury track running backwards downwards with extensive blood extravasations passing b/w three and four left ribs piercing anterior wall of heart. About 1.5 lt. of fluid and clotted blood in chest cavity. Injury is pericardial cavity deep.

Time since death: Approx. 3 days.

Opinion: The cause of death is hemorrhagic shock due to hard injury, all injuries are ante-mortem in nature. Injury 1 is sufficient to cause death in ordinary course of nature. All injuries are caused by sharp, single edged weapon.

4. On the basis of a secret information, the appellant was apprehended at Ganda Nala, Nihal Vihar and pursuant to interrogation, he was arrested vide arrest memo Ex.PW-8/A and his disclosure statement (Ex.PW-18/D) was recorded and recoveries were effected. Thereafter, upon completion of investigation, charge-sheet was filed against the appellant and the appellant was charged for offence punishable under Section 302 IPC. To establish its case, prosecution examined 28 witnesses.

5. Learned counsel for the appellant assails the impugned judgment on the ground that the alleged weapon of offence was discovered from the roof of the toilet at the first floor of H. No. F-178, which was easily accessible to many people including Sanjay Kumar (PW-15) as also the other inhabitants of the said house. The alleged incident took place on 21st August, 2013 and the said knife was recovered on 25th August, 2013, during which period the place of recovery of the knife i.e. the toilet was accessible to multiple persons and hence, it cannot be said that the knife was recovered from a place exclusively within the knowledge and possession of the appellant. R