RAJESH KUMAR ALIAS KALA Vs. STATE

JUDGEMENT

(1.) Rajesh Kumar @ Kala, S/o Ram Lal and Vikram Singh, S/o Munshi Ram have been convicted of offences punishable under Section 302 read with Section 34 I.P.C. and have been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.1,000.00 each and in default to undergo rigorous imprisonment for three months and they have also been convicted of offences punishable under Section 324 read with Section 34 I.P.C. and have been sentenced to undergo rigorous imprisonment for six months and Vikram Singh has also been convicted of an offence under Section 27 of The Arms Act and has been sentenced to undergo rigorous imprisonment for six months on that count with the direction that substantive sentences shall run concurrently vide judgment dated January 11, 1991 of an Additional Sessions Judge. Delhi. Both these convicts have filed the present appeals which are being decided by this judgment.

(2.) The case of the prosecution, in brief, is that Public Witness3, Manju Aggarwal, who is also a doctor by profession, was living with her husband, Dr.Sudershan Prakash Aggarwal, since deceased, in House No.4-150, Vijay Nagar, Narela and they were having a nursing home in the ground floor under the name and style of Aggarwal Nursing Home". About two years prior to this occurrence, Rajesh, appellant was employed as a compounder who continued to work with them for about 1 months. However, he was turned out from the job as he had committed theft of some money belonging to her husband and he was not paid his 15 days salary as he had committed theft of more money than was due to him as salary for those 15 days. The story further proceeds that Rajesh, at that time, had apologised for his mistake and thus no further action was taken against him by lodging any report to the police. About a year before the present incident, Rajesh had come to the nursing home and had given beating to Virender, another compounder working with them in as much as it was Virender who had seen Rajesh committing the theft of the money and had informed the deceased about it. At that time also, Rajesh had apologised and matter was not reported to the police.

(3.) It is alleged that on January 5, 1988 at about 1 P.M. Rajesh accompanied by his friend Vikram had come to the nursing home and had met Manju and told her that they wanted to meet Dr.Sudershan for getting some treatment from him for some venereal disease suffered by Vikram and she had told them that due to doctor having a late night, he was resting and there was no emergency for showing Vikram to the doctor at that moment and they should come after 4.30 P.M. and thereafter, they had gone away.