JUGLAL MEHTO Vs. STATE (DELHI ADMN )

JUDGEMENT

(1.) APPELLANT -Juglal Mehto has been convicted of an offence of murder punishable under Section 302 read with Section 34 of the Indian Penal Code having caused the death of Rajinder Nath Malhotra and also has been convicted of offence punishable under Section 307 read with Section 34 of the Indian Penal Code of having caused injuries to Smt. Mahindra Rani Malhotra with intent to cause her death, vide judgment dated February 28, 1989, of an Additional Sessions Judge and by the order of the even date, he has been sentenced to undergo life imprisonment and to pay a fine of Rs. 2,000/ - and in default to undergo rigorous imprisonment for six months more for the first offence of murder and undergo the rigorous imprisonment for ten years and to pay a fine of Rs. 2,000/ - and in default to undergo rigorous imprisonment for six months for the offence of attempt to murder. He has filed this appeal challenging his convictions and sentences.

(2.) THE co -accused, who was tried along with the appellant, namely, Ram Parikrama has been acquitted. The third co -accused, namely, Musafir Ram was declared as proclaimed offender and evidence against him has been recorded under Section 299 of the Code of Criminal Procedure.

(3.) SMT . Mahindra Rani Malhotra, PW 16, along with her husband Rajinder Nath Malhotra were living at the relevant time in house No. 23A, DDA Flats, Munirka, New Delhi. Her husband had been working in the Reserve Bank of India and had retired from the service about two years before the present occurrence and Ram Parikrama was working as a Peon in the Reserve Bank of India with him and was visiting their place off and on as her husband used to render some financial assistance to Ram Parikrama, the nature of the financial dealings between Ram Parikrama and the deceased Rajinder Nath Malhotra has not been brought out clearly in investigation. Most probably Smt. Mahindra Rani Malhotra, being a house wife, had perhaps, not been apprised of the details of financial dealings being indulged in between her husband and Ram Parikarma.