MAKHAN SINGH Vs. STATE

JUDGEMENT

(1.) APPELLANT -Makhan Singh stands convicted under Section 302 of the Indian Penal Code, 1860 (IPC, for short) for murder of his niece Madhu on 21st January, 1990. By the order on sentence dated 18th May, 1998, the appellant has been sentenced to life imprisonment and a fine of Rs.10,000/ -, in default of which he has to undergo rigorous imprisonment for six months.

(2.) WE have heard the counsel for the appellant and the State.

(3.) SUNITA (PW -2) and Sheela (PW -3) have testified that on 21st January, 1990 they were informed that Madhu and Makhan Singh were present at 44, JK Block, Laxmi Nagar, Delhi. PW -2 has deposed that at 3 P.M., on 21st January, 1990 they received information that the appellant was present in his house. She then along with her brother Satish Kumar (PW -6), mother Sheela (PW -3), another boy Nand Kishore (PW -8) and Bhopal (sic) Sham Gopal (PW -16) rushed to the house of the appellant. The information was in Sunita (PW -2)'s name written by the appellant on a cigarette wrapper. The message was received through a tea -vendor's son Mohit (PW -4). PW -2 has stated that while rushing to the house of the appellant the said piece of paper was misplaced or lost. The door of the appellant's residence was bolted from inside. There was another door, which was bolted from outside and gave an impression that nobody was inside. PW -2 deposed that earlier they had visited the appellant's residence but had found that the shutter was locked from outside and, therefore; they had returned believing that the appellant was not there. A knife was sticking out from the crevices of the wooden door. The appellant was shouting to call for PW -2. Satish (PW -6) and another person Nand Kishore (Pui) (PW -8) asked the appellant to open the door but when the appellant did not do so, Satish (PW -6) and Nand Kishore (PW -8) pushed the door and broke it. The appellant was inside the room and was trying to hang himself. Nand Kishore (PW -8) raised the appellant from his legs to reduce the pressure on the neck. Satish used the knife to cut the rope and freed the appellant. Madhu's dead body was found lying under the bed. The police came and arrested the appellant.