BRIJ KISHORE Vs. STATE

JUDGEMENT

(1.) FATHER and son, Brij Kishore and Gyan Chand by the impugned judgment dated 24th January, 2009 have been convicted under Section 302 read with Section 34 of the Indian Penal Code, 1860 (IPC, for short), for the murder of Anita. The deceased Anita was wife of Gyan Chand and daughter-in-law of Brij Kishore. They have been sentenced to imprisonment for life and fine of Rs. 15,000/- each, to be paid on realization to the children.

(2.) THE case of the prosecution, which has been accepted by the trial court, is that the two appellants had committed the said murder on 22nd February, 2006 at about 2.30 a.m. in room No. 34, Chidyagarh Wali Gali, Plot No. B-1/76, Roshanpura, Najafgarh.

(3.) THE fact that Gyan Chand and Anita were residing in room No. 34, Chidyagarh Wali Gali, Plot No. B-1/76, Roshanpura, Najafgarh is not disputed before us. The said rooms were taken on rent from PW-6, Kishen Kumar, who has stated that Gyan Chand and his family members were residing in room Nos. 34 and 35. This fact is also proved from several other testimonies, which have been noticed below. The plea of Brij Kishore and Gyan Chand was/is that they were not present in the said rooms in the night intervening 21st and 22nd February, 2006, when Anita was strangulated to death and both of them were at the residence of Brij Kishore located at B-213, Sultanpuri, Delhi. In support of their contention they had produced Bhagwati, wife of Brij Kishore, who was examined as DW1.