VEER BAHADUR Vs. STATE

JUDGEMENT

(1.) The appellant, Veer Bahadur, S/o Tula Bahadur, a native of Nepal, has been convicted of offences punishable under Sections 363, 366 and 376 of Indian Penal Code vide judgment dated May 28, 1991 of an Additional Sessions Judge and by subsequent order dated May 29, 1991, he has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.1,000.00 and in default to undergo rigorous imprisonment for one year under Section 376 Indian Penal Code . and has been sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.500.00 and in default of payment of fine, to further undergo rigorous imprisonment for six months under Section 366 and further sentenced to undergo rigorous imprisonment for one year for an offence punishable under Section 363 of the Indian Penal Code with the directions that all substantive sentences shall run concurrently. He has come up in appeal in challenging his conviction and the sentences.

(2.) Facts of the case,in brief, are that Ram Chandra, PW1, his wife Radha having four children i.e. one son and three daughters and the youngest beingKeema aged 11 months were living in House No. 76 in Village Singalpur,Shalimar Bagh,Delhi at the relevant time. Ram Chandra is a rickshaw puller while his wife is also earning by running a beetle shopina wooden khokha in Wazirpur Industrial Area. The appellant is also married and having three children.He along with his wife were residing in a nearby house No.82. The appellant's wife was employed as a home guard while appellant is only a carpenter by profession. At the relevant time,the two children of the appellant were living in Nepal with their grand parents. The appellant was aged about 42 years at the relevant time.

(3.) Raj Singh, PW3, is also a neighbour living in House No.80 in that area. He was also having a shop in front portion of his house. PW4 is Karam Chand who is a respectable person of the said area and is also a Pradhan in that village and was living in House No.52 in that village.