R L ARORA Vs. STATE

JUDGEMENT

(1.) Appellant R.L.Arora has assailed the order of his conviction dated 13/9/99 and of sentence dated 28/10/1999 passed under Section 302 Indian Penal Code, inter-alia on the grounds, that he has been convicted without there being an iota of evidence linking him with the crime. That the weapon of offence alleged to have been used in the commission of this crime proves prosecution's case to be false.

(2.) In order to appreciate the challenge raised in this appeal, we may have quick glance at the facts of this case. Briefly stated the case of prosecution as set up was that the appellant and the deceased were in joint occupation of room No.17 in the New Delhi Municipal Corporation, Sandhya Home (hereinafter called the Home). They were not on good terms and had been quarrelling with each other. 4 or 5 days before the incident appellant and deceased fought. He was so afraid of the appellant that he never wanted to sleep with him in the same room. Therefore, with the permission of authorities deceased started sleeping at night on the first floor of the home.

(3.) On 24/9/1996 the deceased came to the room of Smt.Pushpa Public witness-2 and enquired about the time. It was 5.00 A.M. at that time. At about 6.10 A.M. she heard the noise "Mar Gaya Mar Gaya". from room No.17. On hearing this noise she called other occupants of the said Home namely s/Sh.Ghan Shyam Shasan Public witness and Mela Ram Dhawan Public witness. They all went to the room of the appellant and of the deceased. They knocked the door of room No.17. Mr.Dhawan Public witness asked the appellant to open the room, but he refused to do so. On being questioned as to where Mr.Khanna was, this appellant replied that he was in the bathroom taking bath. Appellant further told that no quarrel had taken place between them. At about 7.30 A.M. Mrs.Pushpa Public witness 2 learnt from the Manager of the Home that Som Nath Khanna was lying dead in the bathroom. This information was conveyed to the police and on the basis of the statement of Mrs.Pushpa Public witness-2 FIR was recorded.