Mr. Inderjit Singh, J.: - The present appeal has been filed by the appellant against the judgment/order dated 05.04.2007, passed by the Sessions Judge, Ferozepur, whereby he was convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs.10,000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of one year, under Section 302 IPC.

2. The brief facts of the prosecution case are that on 05.05.2005, Sarabjit Singh, SHO, Police Station City Ferozepur along with other police officials was on patrol duty and when he reached near the gate of Baghi Hospital, Nirmal Kumar got recorded his statement to him outside the gate of the hospital. In the statement Nirmal Kumar complainant, stated that his elder sister namely Anita was married with Raj Kumar about 15 years back. On that day, he along with his brother Rajinder Kumar came to see Raj Kumar (sister’s husband) on his shop situated in Dakkhana Wali Gali, Ferozepur City. At about 9.15 P.M., he along with his brother Rajinder Kumar were sitting on the chairs and Raj Kumar was sitting on small table (stool) and were talking with each other. In the meantime, Vijay Kumar, younger brother of Raj Kumar came with Dah in his hand. He gave Dah blow straight on the head of Raj Kumar as soon as he reached there. Raj Kumar fell down after receiving the blow. They both tried to got up, in the meantime, accused hit Raj Kumar on his chest towards left side, on the shoulder and left side of his body. They raised noise. Accused Vijay Kumar ran away from the place of occurrence along with his weapon. After arranging a vehicle, they took Raj Kumar to Baghi Hospital and when they reached outside the main gate, Raj Kumar died. The grudge of the accused is that Raj Kumar was running a shop to die head-wears for women (chunies). Vijay Kumar did not cooperate him at the shop and remain idle and use to demand money. Raj Kumar had been giving subsistence money to him for sometime but he demanded more money. For this reason, Vijay Kumar accused has committed the murder of Raj Kumar (sister’s husband of the complainant). The statement of Nirmal Kumar was recorded by Sarabjit Singh, SHO, P.S. City Ferozepur at 11.15 P.M. on 05.05.2005. Ruqa was sent to the police station on the basis of which formal FIR was registered. The Investigating Officer prepared inquest report Ex.P7 and recorded statements of the witnesses. He sent the dead body for post-mortem to Civil Hospital, Ferozepur through Head Constable Darshan Kumar and Head Constable Mulkh Raj. He took Nirmal Kumar with him and police party went to the spot i.e. on the shop of Raj Kumar. On the way Constable sent with ruqa had met them. When they reached at the shop, it was open and floor of the shop was washed. Two chairs were lying inside the shop and one small table (stool) was also lying there. There were so many chunies. The Investigating Officer prepared site plan Ex.P9 at the demarcation of Nirmal Kumar-complainant. Investigation was conducted. The investigation of the case was further entrusted on 29.05.2005 to another Inspector Sarabjit Singh No.726, PAP, SHO, P.S. City Ferozepur. He arrested accused Vijay Kumar in this case. On interrogation he made disclosure statement, who in pursuance of his disclosure statement, got recovered weapon of offence, which was taken into police possession in a sealed parcel. After necessary investigation, challan was presented against the accused-appellant.

3. Finding prima facie case, the appellant was chargesheeted under Section 302 IPC, to which the appellant pleaded not guilty and claimed trial.

4. In support of its case, prosecution examined PW-1 Dr.Gian Singh, Medical Officer, Civil Hospital, Ferozepur, who conducted post mortem on the dead body of Raj Kumar on 06.05.2005 and found following injuries:-

“1. An incised wound 11.5 cm x 0.5 cm x bone deep on the left pareito occipital area, 8 cm from left pinna.

2. An incised wound 1.5 cm x 0.5 cm o