JUDGMENT

Siddharth Mridul, J. The present appeal instituted under the provision of section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as `Cr.P.C') assails the judgment dated 21.9.2001 and the order on sentence dated 24.9.2001, rendered by learned Additional Sessions Judge, Tis Hazari, Delhi, in Session Case No. 121/1997, titled as `State vs. Munna & Ors', emanating from F.I.R No. 222/1997 under section 302/34 of the Indian Penal Code, 1860 (hereinafter referred to as `IPC') registered at Police Station Jahangirpuri; whereby the appellant, Sunder Lal, was convicted for the offence under Section 302 IPC read with Section 34 IPC and sentenced to undergo imprisonment for life along with a fine of Rs.2000/-. In default of the payment of fine, the appellant has been sentenced to further undergo a further rigorous imprisonment of 2 months. The benefit of section 428, Cr.P.C, has been granted to the appellant.

2. The case of the prosecution as elaborated by the learned Trial Court is briefly encapsulated as follow:

"On 23.4.97 wireless operator gave an information that lady constable Prabha had given wireless message that knife was inflicted on one person in juuggies at A-1 Block, Jahangir Puri, Shiva Marker, Mangal Bazar Road. The same was recorded as DD No. 60B. The said information was conveyed to Inspector and inspector reached at the spot viz opposite A-1 Market near jhuggi. He found HC Govind Singh and constable Dhiraj present at the spot ad one person wo name and address was known as Pardeep Kumar S/o Narain Dsss aged about 35 years in dead condition. On inspection of dead body there was sign of injury and blood clot with sharp edged weapon on the left side of body and injury and clot of blood on the right side ear of the body and blood was ossing from on both the said injuries. The deceased was wearing pant of kathai colour, underwear (Katch) of blue colour. There was torn baniyan and without chappal in his legs/there was one leg of cot towards head of the dead body. The head of the dead body was towards southern side and legs were on northern side. Smt. Munni Devi was present at the spot and her statement was recorded. In her statement Smt. Munni Devi stated that at about 8 P.M. on 23.4.97 she was sitting on cot in front of her jhuggi, her son Ajit aged 8 years and Dalip aged 10 years were coming from Mangal Bazar road. After seeing Jagran when they reached at jhuggi near park in front of A-1 market her neighbor Rashid S/o Munna @ Total had caught hold her son Dalip and started beating him. She stood up and tried to rescue her son. In the meantime, Rani W/o Munna also came and caught hold her hairs and started quarrelling with her. After hearing noise of the quarrel her husband Pardeep Kumar also reached there and Munna @ Total also came and they started quarrelling, during quarrel with them, Munna called Anwar and Sunder and went to his jhuggi and came with a churiin his hand and Sunder came with leg of cot and told that they will finish Pradeep. Anwar and Rani W/o Munna and her son Rashid gripped her husband Pardeep Kumar and Munna @ Total inflicted knife blow on the chest of her husband Pardeep Kumar and also inflicted on the head on her right side of her husband and Sunder attacked with leg of cot on her husband Pardeep Kumar as a result of which her husband became in pool of blood and fell down and Sunder left the spot, after leaving the leg of cod there. Said other person also left the spot. Her husband Pardeep Kumar expired at the spot. Rani W/o Munna, Rashid S/o Munna, Anwar, Sunder and Munna @ Total had caused the death of her husband Pardeep Kumar. On the basis of said statement of Smt. Munni Devi a ruqqa was prepared and sent to the police station for registration of F.I.R and on inspection of the dead body said inspector investigated the matter and got the site photographed. Site plan was prepared and the exhibits were taken into possession from the spot. The post mortem was conducte