BHAGAT BAHADUR Vs. STATE

JUDGEMENT

(1.) These two appeals, one by appellant Bhagat Bahadur and another by appellant Kul Bahadur, have been preferred against the judgment dated August 22,1992 and order dated August 24, 1992 of an Additional Sessions Judge, Delhi by which these two appellants have been convicted of an offence punishable under Section 302 read with Section 34 of me Indian Penal Code for having committed the murder of Smt.Pushpa Aggarwal and have been sentenced to undergo rigorous imprison- ment for life and to pay a fine of Rs. 1,000.00 each and in default of payment of fine to further undergo rigorous imprisonment for six months.

(2.) The facts of the case, in brief, are that deceased Pushpa Devi was living with her husband Public Witness- 2 Puran Prakash and sons Public Witness-1 Rajeev and Public Witness-7 Arvind Aggarwal in House No.B-27, M.G.Marg, Adarsh Nagar, Delhi during the year 1987. The appellant Bhagat Bahadur was employed with them as a domestic servant at the relevant time. It is the case of the prosecution that the deceased lady, being of short-tempered nature, was not satisfied with the work and conduct of appellant Bhagat Bahadur and often used to scold him which was being resented by the appellant who used to be pacified by other family members.

(3.) It is alleged that on September 3, 1987, Puran Prakash and Rajeev had left as usual at about 10 A.M for their respective shops located in Bahadurgarh Road and Pahar Ganj respectively and at about 12.30 P.M, Arvind also had gone for taking tuition from his tutor Deepak who is employed in Punjab National Bank, Model Town. Only Pushpa Aggarwal and a maid servant Munni were left behind. It is alleged that Munni also, after performing her usual daily chores, left the house and at about 2.45 P.M, Arvind had come back and found that the main gate of me house was lying open and on entering the drawing room, he found the blood lying on the sofa and also stood splattered on the floor. He went towards the kitchen as the blood stains were leading to that place and he found his mother Pushpa lying in a pool of blood in half naked condition having numerous wounds on various parts of her body.