MUKESH ALIAS MUKI Vs. STATE

JUDGEMENT

(1.) The appellant-Mukesh @ Muki has been convicted of an offence punishable under Section 302 of the Indian Penal Code vide judgment dated August 29 1989 and has been sentenced to undergo imprisonment for life vide order dated August 31, 1989 by an Additional Sessions Judge, Delhi. He has filed the present appeal against the said conviction and sentence.

(2.) Facts, as have been revealed in the prosecution case, are that deceased- Ram Sarup was living alongwith his unmarried daughter Rajni (Public Witness 3) and son Bhim Singh (Public Witness 7) in certain rooms located at the rear of the ground floor of house No.4505, Pahari Dhira). The typography of the said house, as is evident from the siteplan prepared by the Investigating Officer Ex.PW23/B, shows that there is entrance to the said house from the east side. There exists a road in front of the house on the eastern side and after crossing the entrance there comes a gallary and on the northern side of the gallary, there are located a shop and a room and on the southern side of the gallary there are located latrines and staircase for going to the upper floor. The stairs open in the said gallary. After crossing the gallary, there comes a courtyard and the rooms at the rear which were occupied by deceased and his family open in the said courtyard. On the northern side of the courtyard, there is another room and there are stairs also going up at that place. On the southern side of the courtyard, there is another room which is not shown in the siteplan but which has been disclosed in the evidence of the eye witnesses.

(3.) Vidyadhar Sharma is the owner of the said house and was living in the upper floor at the relevant time. Public Witness 6 Gobind Sharma is his cousin brother and Public Witness 5 Pradeep Sharma is a son of the said landlord. Public Witness I Saria is another married daughter of the deceased Ram Sarup. On the day of occurrence, it is the case of the prosecution that Public Witness I Saria, who is the author of the FIR in the present case, was visiting her father at the aforesaid house. Saria is having her matrimonial house in Delhi. There is no previous history of any enmity between the appellant and the deceased. Appellant has an elder brother named Suresh. Appellant- Mukesh was resident in the vicinity.