ANIL JAIN Vs. NIWAS AGGARWAL

JUDGEMENT

(1.) This Appeal is directed against the judgment dated 22.12.1997 and the order on sentence dated 23.12.1997 whereby the Appellant was convicted for the offence punishable under Section 302 of the Indian Penal Code ( Code?) and was sentenced to undergo imprisonment for life.

(2.) Succinctly stated, the prosecution case is that on 12.04.1989 at about 8:45 A.M. Mohan Lal Jain, husband of the deceased Rita Jain ( R?) as usual left for his shop. His two children Master Kapil, aged 12 years and Kumari Shikha, aged 11 years also left for their school. At about 10:30 A.M. one boy came there and straight away entered the house of R. At that time, R was talking to PW-3 Smt. Manju Gupta, her neighbour. On inquiry as to the identity of the said boy, R informed PW-3 that the boy (Appellant) was her nephew (Nanad s son).

(3.) After a few minutes R went inside and prepared tea for the said boy and herself and sat in the bedroom. Tea was also served to the maid servant PW-4 Smt. Suraj Wati. R was addressing the boy as Anil Kumar? and the boy was addressing R as Mami?. The maid servant (PW-4) finished her work and left the house at about 11:00 A.M. R asked PW-4 to shut the door.