G.S. Sistani, J. - (1.)This is an appeal filed against the judgment of the Trial Court dated 31.03.2016 in SC 115/08 arising out of FIR 622/2007 PS Narela by which the appellant stands convicted under Section 302 of the Indian Penal Code, 1860 ('IPC') and the order on sentence dated 11.04.2016 by which the appellant has been sentenced to undergo life imprisonment for the offence punishable under Section 302 IPC with a fine of Rs. 1 lakh, in default of payment of fine, to further undergo rigorous imprisonment for a period of one year.
(2.)Before the rival submissions of the learned counsel for the parties can be noticed, we deem it appropriate to reproduce the case of the prosecution as noticed by the Trial Court, which reads as under:
"1. On 30.11.2007 Smt. Santra came to police station Narela and reported that on 29.11.2007 at about 12:00 noon Kuldeep made a call to her son Amit and asked him to reach railway crossing Bankner, thereafter her son Amit aged about 20 years reached railway phatak Bankner where Kuldeep along with one more boy whose name she does not know were present on motor cycle No.HR 10J 2718. Amit accompanied them. Amit was 5 ft 8 inch wearing white pants and one jacket long face there was tattoo of Mata on one hand and tattoo of face of lion on the other hand. She alleged that they both have taken away Amit by enticing him. During investigation Kuldeep was apprehended who confessed about the crime and disclosed that Bijender was with him. He pointed out the STD booth from where he made the call to Amit. The rehri wala from where he purchased the rope. He got recovered the dead body of Amit. Post mortem was got conducted. The motorcycle was seized. The pants, which he was wearing was also seized as blood stains were found on the pant. ..."

(3.)After investigation, the charge sheet was filed against the appellant Kuldeep. Appellant was initially charged under Sections 365 and 302 IPC. During the course of trial, after the evidence of Bijender Singh (PW-9) was recorded, an application under Section 319 Cr.P.C., 1973 was preferred and Bijender was also summoned. Again the charge was framed. Appellant Kuldeep was charged for the offence punishable under Section 120B IPC and accused Bijender was charged for the offences punishable under Sections 120B, 365 read with 120B and 302 read with 120B IPC to which they pleaded not guilty and claimed trial. Thereafter, the trial was conducted again.