NAND LAL Vs. STATE

JUDGEMENT

(1.) Appellant Nand Lal by the impugned judgment dated 19th April, 1999 has been convicted under Section 302 of the Indian Penal Code, 1860 (IPC for short) for murder of Rubi Kumar in the intervening night between 15th and 16th December, 1992 at A-260, Mukandpur Colony, Delhi. The conviction arises out of FIR No.486/1992, police station Samaipur Badli, which became subject matter of Session Case No.135/1994. The appellant was also charged under Section 376 IPC, but has been acquitted. State has not preferred any appeal against the said acquittal. By order of sentence dated 29th April, 1999, the appellant has been sentenced to imprisonment for life and fine of Rs.5,000/-. In default of payment of fine, he has to undergo rigorous imprisonment for 3 months.

(2.) Learned counsel for the appellant has submitted that 3 material witnesses, namely, Pancham Singh (PW-2), Nek Ram (PW-10) and Ajay Pal Sharma (PW-11) have turned hostile and this seriously dents the prosecution version. It is further submitted that the seizure memos were witnessed by Bindeshwari Singh (PW-3), father of the deceased and Ram Narain (PW-4), a friend of PW-3. He states that independent public persons had not signed/witnessed the seizure memos and therefore doubts exist. Our attention was drawn to the unscaled site plans Ex.PW-17/A and PW-17/L and the scaled site plan Ex.PW-9/A and it was submitted that there are major discrepancies in the two sets of plans. It is argued that the present case could well be of honour crime committed by the parents/relatives of the deceased as they had objected to the relationship between the deceased and the appellant. In alternative, it is submitted that the motive has not been fully established. Lastly, it is highlighted that there are major discrepancies in the ocular evidence of Bindeshwari Singh (PW-3), Ram Narain (PW-4) and Nand Kumari (PW-12).

(3.) We have considered the said contentions, but do not find any substance or merit in the same. It would be wrong and incorrect to disbelieve the testimonies of PWs 3, 4 and 12. PWs 3 and 12 are parents of the deceased and PW-4 was a neighbour residing in the same colony adjacent/near the house where the deceased was residing.