VIJAY BAHADUR Vs. STATE

JUDGEMENT

(1.) The appellant before us has challenged the judgment dated 15th February, 2010 whereby the appellant was convicted for commission of offence under Section 302 of the Indian Penal Code and the order of sentence dated 18th February, 2010 whereby the appellant was sentenced to undergo a rigorous imprisonment for life with fine of Rs.3,000/- in default of payment of which, he was required to undergo six months rigorous imprisonment. The case of the prosecution before the trial court was that on the night intervening 10th/11th September, 2005 at about 12:00 am, the accused Vijay Bahadur was indulging in a drinking session with the deceased Dalip in his tenanted room at C-102/103, J.J. Colony, Madipur, Delhi. He was joined in this bout of drinking by his father-in-law Shri Lal Bahadur.

(2.) It is in evidence that the accused was residing in the said premises along with his wife and children.

(3.) As per the prosecution, at about 10:30 pm, PW-2 Prem Singh, brother-in-law of the deceased went to call him to eat his dinner. PW-2 Prem Singh has stated in the witness box that the deceased told him that he would eat later. About one and a half hours later, PW-2 Prem Singh heard three persons fighting with each other and that they proceeded to the terrace from the room where they were drinking. PW-2 has claimed that he heard noise and shout of the accused. When he came out of the room, he saw the accused coming from the roof and the accused stated to him "maine Dalip ka kaam tamam kar diya hai aur ek or karoonga". PW-2 has stated that when he proceeded to the roof, he saw the deceased lying in a bloodied condition on the roof of the premises.