(1.) THE appellant was prosecuted in Sessions Case No. 28/2010 in the Court of Shri Sanjay Sharma, Addl. Sessions Judge -01 (East), Karkardooma Courts, Delhi on the charge that on 21.05.2009 at about 06:30 A.M. in House No. 84, Gali No. 2, Harijan Basti, Arya Nagar, Delhi, he had caused the murder of Rajender Shah (husband of his sister) and thereby committed an offence punishable under Section 302 of Indian Penal Code (IPC). At the conclusion of the trial, he was convicted on being found guilty by judgment dated 11.05.2011. By subsequent order passed on 13.05.2011, he was awarded sentence of imprisonment for life with fine of '5,000/ -, in default of which he is to undergo further simple imprisonment for two months.
(2.) THE finding of guilty has been returned by the trial court primarily on the basis of oral testimony of Mukesh Kumar Shah (PW -7) and Deepak Shah (PW -10), both sons of the deceased and consequently nephews of the appellant. By the appeal at hand, the convicted appellant seeks to assail the correctness of the view taken by the trial court.
(3.) RAJENDER Shah son of Ram Kishore Shah aged about 50 years, a native of village Mudutol Dih Basti Jehpur, Khutia District Samastipur, Bihar was residing at the relevant point of time (on or about 21.05.2009) in House No. 84, Gali No. 2 Harijan Basti, Arya Nagar, Karkardooma, Delhi within the jurisdiction of Police Station Anand Vihar with his two sons Mukesh Kumar Shah (PW -7) and Deepak Shah (PW -10), then aged about 12 years and 13 years respectively. The eldest son Arvind (PW -9) was working, even during those days, as plumber in Ludhiana (Punjab).