Sunita Gupta, J. - (1.)CHALLENGE in this appeal is to the judgment dated 20th April, 2011 and order on sentence dated 2nd May, 2011 passed in Sessions Case No. 77/2009 in case FIR No. 109/2009, PS Kapashera whereby the appellant was held guilty of offence u/s. 302 IPC and was sentenced to undergo imprisonment for life and to pay Rs. 10,000/ - as fine and in default of payment of fine, to further undergo SI for four months. Prosecution case emanates from the fact that on 17th May, 2009, on receipt of a call regarding murder of a male aged about 20 -25 years at Gali No. 8, Kapashera near Govt. Garbage House, near White Flats, New Delhi, PW13, W Constable Sudesh filled the PCR form Ex. PW -13/A and flashed the message to Control Room. On receipt of message, PW -12, W Head Constable Saroj recorded DD No. 12A (Ex. PW -12/A) and entrusted the same to SI Sudan Singh. SI Sudan Singh along with Constable Lakhmi Chand went to Phirni Chowk, Opp. White Flats, near Govt. Dust Bin, Kapashera, New Delhi where he found a dead body of a young man lying on the slope near drain and the park. He informed the SHO who reached the spot. The dead body was having a cut mark on the right side of the neck. There were injury marks on his head and right cheek. His private organ was cut from his body. The dead body was identified by his wife. Blood was lying on the left side of the dead body in the park. One paper cutting blade and one railway ticket from Shahbad to Patel Nagar was lying near the blood. SHO called the crime team. PW -3 ASI Khazan Singh, In -charge, Crime Team reached the spot along with his team. PW -5, Head Constable Rajeev took photographs Ex. PW -5/A -1 to PW -5/A -9 from different angles. After inspection of the site, ASI Khazan Singh gave his report Ex. PW3/A. A blade, railway ticket, blood stained grass and earth control were lifted from the spot and were seized vide different seizure memos. Rukka was sent to police station through Constable Dharam Veer on the basis of which FIR Ex. PW12/B was recorded by PW -12, W Head Constable Saroj. The dead body was sent to DDU Hospital for preservation through Constable Lakhmi Chand.
(2.)IT is further the case of prosecution that on 18th May, 2009, Inspector Lakhender Singh along with one public person Mohd. Rustam went to S.N. Enterprises, 6/12, Shadipur Depot, Kirti Nagar where inquiries were made and it was revealed that PW15 Mohd. Rustam, deceased Mohd. Naushad, accused Mohd. Shahid Khan and Mohd. Irshad Alam were working in S.N. Enterprises as employees. Deceased Mohd. Naushad, being short tempered, used to abuse Mohd. Shahid Khan and Mohd. Irshad Alam. They further came to know that Mohd. Shahid Khan belonged to Jharkhand and Mohd. Irshad Alam belonged to Bihar and both of them would be leaving by train that evening. As such, the police officials along with Mohd. Rustam went to Old Delhi Railway Station. On the pointing out of Mohd. Rustam, accused Mohd. Shahid Khan and Mohd. Irshad Alam were arrested from an open area in front of a park opposite Old Delhi Railway Station. Mohd. Shahid Khan made a disclosure statement, Ex. PW -15/F and got recovered one blood stained broken blade with yellow handle and button generally used for cutting paper and leather, which was seized vide memo Ex. PW -14/A. Mohd. Irshad Alam also made a disclosure statement and got recovered his blood stained T. shirt from his tenanted house in village Kapashera.
On 19th May, 2009, inquest papers were prepared. Postmortem on the dead body of the deceased was conducted by PW2, Dr. Komal Singh and, thereafter, the dead body was handed over to the relatives of the deceased. After post -mortem, Dr. Komal Singh handed over two sealed parcels containing clothes of the deceased and blood gauge along with the sample seal which were taken into possession vide seizure memo Ex. PW -17/A. During the course of investigation, statement of witnesses were recorded. Exhibits were sent to FSL and after completing investigation, charge sheet was submitted against the accused Mohd. Shahid Khan whereas separate challan was filed against accused Mohd. Irshad Alam before Juvenile Justice Board.

(3.)IN order to substantiate its case, prosecution in all examined 19 witnesses. All the incriminating evidence was put to the accused while recording his statement under Section 313 Cr.P.C. wherein he admitted that he along with Mohd. Irshad Alam, Mohd. Rustam and deceased Mohd. Naushad used to work in a leather purse manufacturing factory named as S.N. Enterprises at 6/12, Kirti Nagar Industrial Area, New Delhi. He also admitted that he as well as Mohd. Irshad Alam were residing at Kapashera. It was also admitted that one Naseem was working as a contractor in the said factory. 35 -36 workers were working under his supervision and he had divided those workers in sub -groups. However, he denied that deceased Mohd. Naushad was in his group which was headed by Mohd. Rustam. Rest of the case is one of denial simpliciter. According to him, he is innocent. He had a dispute with Mohd. Rustam on account of some payment, which was outstanding towards him. He did not pay the outstanding amount for three months and, as such, Mohd. Rustam got him falsely implicated in this case. According to him, he was lifted from his house on 17th May, 2009 and was taken to police station and kept in lockup. Thereafter, he was taken to a place where there were bushes. Police took out a knife from a box and asked him to hold it and then his photos were taken with mobile. He was falsely implicated in this case. He did not prefer to lead any defence evidence.