(1.) At the outset we may note that the appeal preferred by the co -convict : Ramesh Lal viz. Criminal Appeal No.857/2001 has abated in view of the fact that he expired on April 29, 2013. The said fact was recorded by us in the Order dated May 09, 2016 passed in Criminal Appeal No.857/2001.
(2.) Thus, the present appeal decides the fate of Abhey Singh who seeks to assail the judgment dated October 12, 2001 passed by the learned Additional Sessions Judge - Karkardooma Courts, Delhi in S.C.No.2/2001 whereby he has been held guilty for the offence punishable under Section 302/34 IPC and consequently in terms of a separate order on sentence passed on the same date he has been sentenced to undergo imprisonment for life and pay fine in sum of Rs.2,000/ -; in default of which he has been directed to undergo rigorous imprisonment for a period of two months.
(3.) The finding of guilt has been returned by the learned Trial Judge by accepting the testimony of Ram Babu Shah PW -7 who claimed to have witnessed the incident. Qua Abhey Singh, no other incriminatory circumstance has emerged in the evidence led by the prosecution at the trial.