GHISA LAL Vs. STATE

JUDGEMENT

(1.) Appellant, Ghisa Lal, S/o Hazari, r/o Village Sanod, Police Station Nasirabad, Distt.Ajmer, Rajasthan has been convicted of an offence punishable under Section 302 Indian Penal Code . for having committed the murder of Jeewan, resident of the same village some time on June 12, 1987 in a room in House No.TA/213, Tughlakabad Extension, within the jurisdiction of Police Station Kalkaji, New Delhi vide judgment dated January 13, 1992 of an Additional Sessions Judge, New Delhi and vide subsequent order dated January 15, 1992,he has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.100.00 and in default of payment of fine,to further undergo simple imprisonment for two months. He has filed this appeal challenging his conviction and the sentence.

(2.) . The story of the prosecution, in brief, is that the deceased and the appellant, who were residents of the same village, had come over to Delhi so as to work as labourers in a quarry of stones some time on 10th June 1987 and deceased had been given Rs.3,000.00 by Ram Dan, PW-6 of the same village. Both of them had approached PW-1, Om Prakash Jain and his wife PW-4 Smt.Shakuntala Jain for hiring accommodation and they were given one room in their house No.TA-213/A, Tughlakabad Extension on the rental of Rs.100.00 per mensem. They were asked to pay advance of Rs.100.00 as rent which they did not pay on the ground that they would first earn some money and would take some allowance from the contractor and they shall then pay the advance rent.

(3.) . The story of the prosecution further proceeds that both of them were seen by PW-1 and PW-4 living in that room till the morning of June 13, 1987 when the appellant was seen leaving the house at 5.30 or 5.45 A.M. after he had locked the room where they were living as tenants. After a day or two, foul smell started emanating from the said room which was also brought to the notice of the landlord by the neighbours and at first no attention was paid by the landlord and his wife regarding the said foul smell as they thought that perhaps smell was coming as some animal might have died nearby. But the intensity of the smell increased and on June 16, 1987, Sh.Om Prakash Jain went to the Police Post Govind Puri and lodged a report which was recorded at serial No.31, copy of which is Ex.PW1/F.