JUDGMENT :

Ramesh Chandra Khulbe, J.

This criminal appeal is preferred against the judgment and order dated 03.12.2016 passed by the Court of 2nd Additional Sessions Judge Roorkee, District Haridwar in Sessions Trial No.44 of 2014, “State vs. Hidayat Ali”, whereby the appellant has been convicted by the trial Court for the offence punishable under Section 302 of IPC and sentenced him to undergo rigorous imprisonment for life along with a fine of Rs.5000/- and in default to pay the same, the accused was directed to further undergo rigorous imprisonment for three months.

2. Briefly the facts in brief are that PW-1 Geetika Gupta gave a written report (Ex. Ka. 1) on 28.08.2013 at P.S. Kotwali Roorkee with the averments that his father Arun Kumar Gupta, who was staying in the Campus of I.I.T. Roorkee had been killed by slitting his throat in the night of 27.08.2013. She was informed about the incident through her uncle.

3. On the basis of said report, the case was registered on 28.08.2013 at 16:40 hours at P. S. Kotwali Roorkee against unknown persons. The matter was investigated and on completion of investigation a charge-sheet (Ex. Ka. 12) was submitted on 27.12.2013 against the accused-a