MANISH ALIAS SONU Vs. STATE OF DELHI

JUDGEMENT

(1.) This appeal is directed against the conviction of the appellant Manish @ Sonu for the offence of home trespass and murder of Kranti Devi punishable under Section 302 and 452 IPC both read with Section 34 IPC vide impugned judgment dated 23.10.2009 and consequent order on sentence dated 28.10.2009.

(2.) Briefly stated, case of the prosecution is that PW8 Naval Prasad was residing in House No.C-182, Nihal Vihar, Nangloi along with his wife, four sons and three daughters. His eldest daughter Sarita (PW7) was 17 years old. House of Amar Singh was adjacent to the house of Naval Prasad.

(3.) The appellant and his co-accused Manoj @ Manohar (a juvenile) used to come and sleep on the roof of the house of Amar Singh. This was not liked by PW Naval Prasad and his wife Kranti (hereinafter referred to as the "deceased") as they had young daughters in their house and also because of the fact that on some occasions Manoj @ Manohar used to sleep after removing his pants. Naval Prasad and the deceased had even protested and requested Amar Singh that he should not permit the appellant and his co- accused to sleep on his roof. For this reason, earlier there had been exchange of hot words and abuses between the parties.