JUDGMENT :

ABHAY S. OKA, J.

FACTUAL ASPECTS

1. By this appeal, the appellant-accused has taken an exception to the order of his conviction passed by the Sessions Court for the offence punishable under Section 302 of the Indian Penal Code (for short “IPC”). The learned Sessions Judge held that the case of the appellant-accused was covered by “thirdly” in Section 300 of IPC. The learned Sessions Judge held that the appellant-accused has failed to bring the case within the protective umbrella of the exception 4 to Section 300 of IPC. By the impugned judgment of the High Court, the conviction of the appellant has been confirmed. The Trial Court sentenced the appellant to undergo a life sentence. By the time the appellant was released on bail by this Court by the order dated 27th November 2017, the appellant had undergone incarceration for a period of about 8 years and 11 months.

2. The case of the prosecution is that one Shashi Bala (PW-12) who was a Sub-Inspector of Police was posted as a Duty Officer in I.P. Estate Police Station, Delhi on 28th December 1994. One constable Mohd. Rashid (the deceased) was on duty as “Munshi-Roznamacha.” At about 5.45 pm, the deceased came to the reporti