MALIK SHARIEF UD DIN Vs. STATE OF DELHI

JUDGEMENT

(1.) Appellants Sohan Lal and Dal Chand were charged under section 302 read with section 34, IPC by AddI. Sessions Judge, Delhi. They were both cOnvicted and sentenced to undergo imprisonment for life. Aggrieved by the order of the AddI. Sessions Judge dated 12.5.1983 they have come in appeal by way of two separate appeals, Cr. A. 123 of 1983 (Suhan Lal v. State) and Cr. k 145/83 (Dal Chand v. State).

(2.) Sohan Lal appellant, resident of Quarter No. 882, Sector 1, R. K. Pilram, New Delhi is the son-in- law of Dal Chand appellant Dal Chand appellant at the relevant time was residing in Quarter No. 150/10, Railway Colony, Minto Bridge, New Delhi. Both the appellants are alleged to have committed the murder of one Vijay Kumar son of Kanhiya Lal, resident of H. No 1181, R.K. Puram, New Delhi.

(3.) The date of incident is the night of 17.11.1981. The place of incident is the residential quarter of Dal Chand appellant. One of the rooms from this quarter had been rented out by Dal Chand to Gomes family about two years prior to the date of incident and Sri Paul Game had been residing therein along with his family members. Dal Chand had got this quarter as he at the relevant date was employed as sweeper in the Central Railway Hospital. Dal Chand was residing in the front room and P.W. 2 Ram Rahadur, P.W. 3 Arjun were also residing with Dal Chand in the same room, P.W. 20 Rajbir, a relation, had come to Delhi in search of a job from village Farid Nagar and on the relevant date he too was residing with Dal Chand. P.W. 1 Miss Preeti Gomes and P.W. 16 Smt. Virgina Gomes daughter and wife respectively of Sri Paul Gomes were also residing in the next room of the quarter on the relevant date.