JUDGMENT :

PARMOD GOYAL, J.

This appeal is directed against the judgment of conviction and order of sentence both dated 05.03.2015 passed by Additional Sessions Judge, Gurgaon, in Sessions Case No. 23 of 01.07.2014 whereby appellant Kuldeep was held guilty under section 302 Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’) and was sentenced to undergo life imprisonment and pay a fine of Rs.5,000/- (in default to pay fine, to undergo RI for three months) under section 302 IPC.

2. After completion of investigation in FIR No.72/2014 dated 24.02.2014 registered with police Station DLF Phase II, Gurgaon. Final report/ Challan against the appellant was presented on 22.04.2014. Charge under Section 302 IPC was framed, which was denied by accused, who claimed trial. Appellant was put to trial for commission of offence under Section 302 of the IPC.

3. Prosecution case as put forth by way of statement of Dayanand (eyewitness/complainant), cousin brother of deceased-Rajbir, on the basis of which FIR was registered, is that on 24.02.2014 he (complainant) had gone to meet his cousin brother Rajbir (deceased), who was residing in a rented room with his wife and children at village Nathupur, Gurgaon. On that day Rajbir (deceased) and Kuldeep (accused) had an argument with regard to cleaning of area. Mother of Kuldeep took him inside the house. After sometime, at about 5.30 pm Daya Nand (complainant) along with Rajbir (deceased) went out of the house and when they reached near Durga temple at johar/talab, Kuldeep attacked Rajbir with a knife/chura. He gave knife blows in the stomach and on the chest of Rajbir due to which deceased had fallen down. On seeing this Dayanand raised an alarm and many neighbors gathered at the spot. He then attended to the injured Rajbir and rushed him to Government Hospital, Gurgaon where he was declared brought dead. The complainant further asserted that the motive behind the occurrence was a heated argument over cleaning between Rajbir (deceased) and Kuldeep (accused).

4. Prosecution had examined 13 witnesses in support of its case. The assertions made in FIR dated 24.02.2014 were duly reiterated before Court on oath by author of FIR while appearing as PW-5 and were supported by PW-6 (wife of deceased). To prove its case, apart from examining eye witness i.e. PW-5 & PW-6, prosecution has also examined Dr. Yudhvir Singh as PW-13, who had conducted post-mortem on the dead body of deceased - Rajbir. Doctor PW-13 vide post-mortem report Ex. PW-13/B had stated injuries on the person and deceased and opinioned regarding cause of death.

5. Prosecution has also examined PW-1 - HC Satbir Singh regarding deposit of case property in maalkhanna by IO and regarding sending same to FSL, PW-2 - constable Basti Ram who had deposited case property with FSL after receiving it from PW-1, PW-3 - SHO Naveen who prepared the challan, PW-4 - Sanjay Kumar (brother of deceased) who had identified the dead body of deceased, PW- 7 - Vinod Kumar Singh, Senior Scientific Assistant, FSL Madhuban who had prepared the crime scene report Ex. PW7/A, PW-8 – Girish Kumar draftsman who on demarcation of IO had prepared site plan Ex. PC, PW-9 - ASI Satpal Singh who had registered FIR Ex. PD, had made endorsement Ex. PD/1 on ruqqa and had sent special report to magistrate and higher police officers, PW-10 - ASI Rakesh Kumar and PW-11 - ESI Sunder Singh who remained associated with IO in investigation of case, witnessed picking of case property from crime scene, witnessed disclouser by accused and recovery of knife at the instance of accused and PW-12 investigating officer.

6. To counter the case of the prosecution, the accused in his statement under Section 313 Cr.P.C. denied the case and evidence led by prosecution, however had not led any evidence.

7. Learned Additional Sessions Judge, Gurugram, relying on evidence led by prosecution, accepted the deposition of PW-5 corroborated by other witnesses, held accused Kuldeep guilty of charges levelled a