ANOOP KUMAR KONKDE Vs. STATE

JUDGEMENT

(1.) This is an Appeal against the Judgment dated 20.01.2011 and Order on sentence dated 21.01.2011 whereby the Appellant was held guilty for the offence punishable under Section 302 and 394 Indian Penal Code (IPC). For the offence punishable under Section 394 IPC, the Appellant was sentenced to undergo Rigorous Imprisonment for ten years and to pay a fine of 4,000/- or in default of payment of fine to further undergo simple imprisonment for a period of three months whereas for the offence punishable under Section 302 IPC, the Appellant was sentenced to undergo imprisonment for life and to pay a fine of 5,000/- and in default of payment of fine to further undergo simple imprisonment for a period of four months. and

(2.) The Appellant was employed as a driver by PW-1 Naresh Kumar Mittal on 24.12.2007 on the recommendation of PW-3 Nand Kishore who was working as a Security Supervisor at Gangotri Enclave. PW-1 Naresh Kumar Mittal and his wife Meera Mittal were residing at C-28 Gangotri Enclave, Alaknanda, New Delhi. PW-1 Naresh Mittal used to frequently travel out of Delhi in connection with his official work. Both the children of Naresh Mittal and Meera Mittal were settled abroad. The Appellant used to drive the car of Meera Mittal (the deceased).

(3.) According to the prosecution, the work of the Appellant was not satisfactory as his driving skills were not up to the mark. Moreover, Meera Mittal also made a complaint to her husband that Anoop jaban larata hai and ulta jawaab deta hai.