JUDGMENT

Prathiba M. Singh, J.

1. The present Appeal arises from the impugned judgement dated 27th March 2015, passed by the Ld. Additional Sessions Judge, Fast Track Court, North-West District, Rohini Delhi, holding the Appellant guilty of culpable homicide amounting to murder and convicting him under Section 302 of the Indian Penal Code, 1860 (hereinafter `IPC')

2. The Appellant was tried in FIR No. 128/2013, registered at police station Aman Vihar, Delhi, on the charge of murdering Madan Lal Soni on 26th March, 2013 at about 10:15 p.m. at D-18, Inder Enclave-II, Mubarakpur, Delhi. The Trial Court, convicted the Appellant under Section 302 IPC, with the following observations:-

“12.0 In view of my forgoing discussion, I have no hesitation in holding that prosecution has been able to prove its case beyond shadow of doubt. It stands proved that accused had murdered Madan Lal Soni on 26/03/2013. He gave knife blows on vital parts of his body which is clearly indicative of his intention to eliminate Madan Lal Soni. There is no material suggesting that his act was on the basis of any grave and sudden provocation. His act reflects pre- meditation. He left the house and returned with some planning while armed with knife. Thus he had intention to commit culpable homicide amounting to murder.

12.1 Resultantly, I hold accused guilty and convict him under Section 302 IPC.”

3. Vide the impugned order dated 31st March, 2015, Appellant has been sentenced to imprisonment for life with fine of Rs.20,000/- and in default of payment of fine, appellant has been sentenced to simple imprisonment for six months. The facts, as per the version of the prosecution, are as under:-

i) Madan Lal Soni (victim) used to reside at D-18, Inder Enclare-II, Mubarakpur, Delhi with his family. Name of his wife was Leelawati. Leelawati had a sister, namely, Sulekha who was married to one Vijay Malhotra.

ii) Accused Vishal @ Raju was elder brother of Vijay Malhotra. Madan Lal Soni used to work as a driver on TATA 407 and Vishal used to work with him as helper and as per PW-3, also used to reside with Madan Lal at his said house.

iii) Accused Vishal was claimed to be a drug addict and was alleged to be keeping an evil eye on Leelawati. Therefore, there used to be frequent altercations between Madan Lal and accused.

iv) On the occasion of festival of Holi, Vijay Malhotra along with his family had come to the house of Madan Lal Soni. On 26th March, 2013, Madan Lal and Vijay Malhotra were taking drinks at the said house of Inder Enclave-II and during conversation, Madan Lal revealed about the said habits of accused i.e. taking drugs and keeping an evil eye on Leelawati. In the meanwhile, accused Vishal also happened to overhear there the same. He was in an inebriated state. He became furious. He started abusing and left the house while threatening Madan Lal. These events transpired at about 9.00 p.m.

Thereafter, Vijay Malhotra also left from there.

v) At about 10/10:15 p.m. accused Vishal returned with a knife. He threatened Madan Lal claiming that he would teach him a lesson for complaining against him and then attacked him with the knife and gave a knife blow on his abdominal region. Madan Lal shouted for help and on hearing this, his wife and children came there. Leelawati saw the accused armed with a blood stained knife and she also claimed to have seen the accused stabbing her husband with the said knife. The accused, after causing the said injuries, is said to have fled away. However, when he was fleeing away, Vijay Malhotra saw him running with a knife in his hand. Raj Kumar (brother of Madan Lal) was then called. Madan Lal was rushed to SGM hospital where he revealed all the aforesaid facts before SI Ravinder Solanki. On the basis of the said statement, FIR was initially registered u/s 307 IPC. However, Madan Lal succumbed to his injuries and, therefore, the case was converted from Section 307 IPC to Section 302 IPC.

vi) Investigation was thereafter carried out. The spot