MAHINDER KUMAR Vs. STATE

JUDGEMENT

(1.) The convict-appellant (hereinafter rererred to as the appelicant for the sake or convenience) challenges through the present appeal, judgement and order dated May 6, 1992 passed by the learned Additional Sessions Judge, Delhi, whereby he was found gullty under section 302 of the indian Panel Code and sentenced to undergo ngorous imprisonment for life with a fine or Rs. 500. In case of his failure to clear the fine, he was further directed to undergo rigorous imprisonment for six months.

(2.) Brief facts which led to the presentation of the present appeal are As under : that one Smt. Devki (Public Witness 10) was putting up at House No. 2461, Katra Banwari Lal, alongwith her sons and daughters, exeluding the appellant, who also hapapens to be her son, as a tenant on a monthly rent of Rs. 2.50 since the time of her foretathers. The appellant, who is married, has been living separately from the members of his family in a house at Jheel, Snahdara, Delhi alongwith his wife and children.

(3.) The bone of contention in between the appellant and his mother and other brother was the above said tenanted accommodation. Smt. Devki wanted to vacate the said house and to deliver the possession over the same to any one who was ready to pay the premium and the amount so secured was to be paid to the son who would look after her. The ppellant.was opposed to the above view. Ha insisted that in case the aforesaid house was vacated and someone was inducted s a tenant in that eventuality he should be given his due share in the premium so collected.