RAJIV SHARMA, J.

1. The present appeal is instituted against judgment dated 16.7.2009 and order dated 18.7.2009, rendered by learned Additional Sessions Judge, Fast Track Court, Gurgaon, in Sessions Case No. 75 of 2008/ 2009, by appellant Kapil. He was charged with and tried for the offence punishable under Sections 302/201/34 IPC. He was convicted and sentenced under Section 302 read with Section 120-B IPC to undergo life imprisonment and to pay fine of Rs. 5,000/-, in default of payment of fine, to undergo further imprisonment for a period of two years.

2. The case of the prosecution in a nutshell is that on 28.11.2007, complainant Pawan Kumar lodged a report with the police to the effect that he was having a shop of spectacles at Sohna Chowk and his old house is in Gali No. 8, Madan Puri, Gurgaon. He has constructed two rooms. In one room, Ravi son of Gaji was tenant and Anuj of the village of Ravi was also residing with him. On 28.11.2007 at about 3.00 or 4.00 P.M., Ravi came to the house of the complainant and told him that on 25.11.2007 at about 3.00 P.M., Kapil and his friends Dinesh and Chhotu of Bijnaur came to his room. Kapil sent Ravi for getting charged his mobi