JUDGMENT :

(Poonam A. Bamba, J.) :—

Vide this appeal, the appellant challenges the judgment dated 28.04.2018 passed by Ld. Addl. Sessions Judge-02, South District, Saket Court, New Delhi (“impugned judgment” in short) whereby the appellant was convicted for offences punishable under Sections 302/307/452 Penal Code, 1860 (“IPC” in short) in case S.C. No. 6666/2017, in FIR no. 371/2012, PS Saket; and order on sentence dated 18.05.2018, sentencing the appellant to undergo rigorous imprisonment for life under Section 302 IPC with fine of Rs. 15,000/-, in default to undergo simple imprisonment for six months and further to undergo rigorous imprisonment for seven years under Section 307 IPC with fine of Rs. 7,000/- and in default to undergo simple imprisonment for three months; and also to undergo rigorous imprisonment for two years under Section 452 IPC with fine of Rs. 3,000/- and in default to undergo simple imprisonment for one month.

2. Briefly stating, the prosecution case is that on 07.12.2012, a PCR call about one person lying in injured condition in a plot in Bank Wali gali near Tirkana Kuan, Lado Sarai, New Delhi, was received and the same was reduced into writing vide DD no. 45A/Ex. PW-11/A. On receipt of the said DD, PW-35 IO ASI Kuldeep Singh along with PW-4 Constable Balvir Singh reached the spot, where he found two charpais (cots) having blood stains and blood was also found lying spread around on various things. On enquiry, it was found that the injured had already been taken to hospital. Thereafter, leaving the subordinate staff to guard the spot after informing the duty officer to assign the call to senior officers and requesting to call crime team, PW-35 IO ASI Kuldeep Singh along with Ct. Parmod/PW-25 reached AIIMS Trauma Center, where injured Dalbir and Jagat Singh were found admitted and were declared unfit for statement. One Jagbir Singh @ Dhilla, (brother of the injured Dalbir Singh) stated to be the eye-witness, was also found. PW-35 recorded statement of Jagbir Singh (Ex. PW-35/A), on which, the present FIR Ex. PW-12/A under Sections 307/452/34 IPC was registered.

3. Charge-sheet mentions that PW-35/IO ASI Kuldeep Singh reached Max hospital, Saket and collected the MLC no. 343606/12 Ex. PW-3/A of the appellant/accused Sunder Singh, who had left the hospital against medical advice. Rough site plan Ex. PW-35/D was prepared. Crime team inspected the scene of the occurrence and lifted the exhibits which were sealed and taken into possession vide memos Ex. PW-9/A to Ex. PW-9/G. Crime scene was photographed. Subsequently, on the basis of secret information, the appellant/accused was apprehended from DDA Park, Lado Sarai and arrested vide arrest memo Ex. PW-25/A and his disclosure statement Ex. PW-9/H was recorded. Appellant/accused was medically examined and his blood stained clothes were seized. Pursuant to his disclosure statement, the appellant/accused got recovered one knife (Ex. P-1) from the bushes inside the DDA Park, Lado Sarai and the said knife was seized vide memo Ex. PW-5/B. During further investigation, statements of the witnesses were recorded and co-accused JCL R was apprehended and at the instance of JCL R, one broken danda (Ex. P5) was also recovered. Site plan Ex. PW-35/F of the place of recovery was prepared.

4. On 12.12.2012, further investigation was handed over to PW-40 Ins. Ajay Pratap Singh, who moved an application Ex. PW-40/X for recording of the statement of injured, but both were found unfit for statement. Injured Dalbir Singh died during treatment. His post-mortem was got conducted on 21.12.2012 at Jai Prakash Narayan Apex Trauma Centre vide postmortem report Ex. PW-38/A proved by PW-12 Dr Manoj Dhingra. PW-27 Dr Munish Wadhawan opined that death was due to ‘septicemia shock’ as a result of secondary infection consequent to multiple injuries. After postmortem, sealed exhibits given by doctor were seized. During the course of investigation, the exhibits were sent to FSL Rohini.

5. Later on