RAJ KUMAR @ GUDDU Vs. STATE OF DELHI

JUDGEMENT

(1.) BY way of the present appeal, the appellant assails the judgment dated 2nd June, 2010 passed by the learned Additional Sessions Judge, finding him guilty of commission of the offence under Section 302 of the Indian Penal Code and the order of the same date whereby he was sentenced to undergo life imprisonment along with fine of Rs.5,000.00 in default whereof, simple imprisonment for three months for the commission of the said offence.

(2.) AS per the prosecution, Gajraj Singh Yadav- PW 5, an employee of the MTNL posted at Gulabi Bagh, Delhi, was residing at House No.173, Libaspur, Delhi with his family comprising of his deceased wife Smt. Sunita Yadav and two sons namely Sushant Yadav and Prashant Yadav. In the year 2003, Sushant and Prashant, were studying at the Panasia National Public School. Sunita Yadav was a housewife and remained at home. The children used to return from school at about 2.00 p.m. On the fateful day of 22nd of September, 2003, Prashant Yadav (PW 3), the younger child was suffering from pain in his foot and returned home at about 1.40 p.m. with his friend Sunil on his cycle. There was no response from inside when Prashant Yadav rang the bell of his house. The child saw blood near the door of the room; jumped into the house over the gate; opened the gate from inside and took his bag into the house. His friend had left by that time.

(3.) IN the meantime, his brother Sushant Yadav also reached the house. According to Prashant, Raj Kumar dissuaded him from opening the gate for his brother Sushant but he still proceeded to do so. Sushant testifying as PW 4, stated that Prashant was weeping when he reached the house. Their mother was lying in an injured condition. Raj Kumar repeated the story to Sushant Yadav to the effect that someone had attacked his mother Sunita with a knife and thereafter escaped. Prashant Yadav has testified that the appellant did not let both the brothers make the telephone call to their father to inform him about the incident. Both children have deposed that their mother Sunita Yadav was breathing at the time when they reached their house.