GULSHAN KUMAR Vs. STATE

JUDGEMENT

(1.) .This appeal is directed against the judgment and order of the Additional Sessions Judge dated January 5,1988, whereby he convicted the appellant under Section 302 Indian Penal Code for committing the murder of his brother, Harish Chand and sentenced him to life imprisonment. Besides, he also convicted the appellant under Section 324 Indian Penal Code for causing injuries to his father and sentenced him to two years rigorous imprisonment on this count. Both the sentences have been made to run concurrently.

(2.) .The prosecution has set up the following case against the appellant.

(3.) .Harish Chand, the deceased was married to Kiran Bala in the year 1983. After few months of marriage, the couple rented a separate residential accommodation as the parents of Harish Chand on the one hand and the newly weds on the other were not getting along well. Initially they stayed at Subash Nagar and subsequently in Hari Nagar, New Delhi. It seems that Harish Chand was financially hard pressed and could ill afford to pay for the rented accommodation. On September 8,1984, Harish Chand was asked by Ram Lal to give up the rented premises and live with him. Next day, Harish Chand responded to the offer by shifting with his wife to his father's house, namely. House No.CB-61A, Janta Flats, Hari Nagar, New Delhi.