HARI KISHORE Vs. STATE

JUDGEMENT

(1.) The appellant, Hari Kishore, has been convicted of an offence punishable under Section 3021.P.C. of having committed the murder of one Babu Lal during the intervening night of March 15 and 16, 1987 in House No. CPA/14, New Seelam Pur, Delhi by an Additional Sessions Judge, Delhi vide his judgment dated February 25,1992 and has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 500.00 and in default of payment of fine to undergo rigorous imprisonment for two months vide separate order of the even date. He has filed this appeal challenging his conviction and the sentence.

(2.) Babu Lal, deceased was employed as sweeper in Municipal Corporation of Delhi and so was his wife Shanti Devi, PW-1. They were living with their five children including son Prakash, PW-6 aged about 17 years in the aforesaid house. The house comprised of only one room and a Courtyard. The entrance to the house could be had easily even though the doors of the Courtyard and the room were to be bolted from inside. It has come out in evidence that the doors could be opened by pushing the hand from outside in between the gaps of the planks of the doors.

(3.) It is the case of the prosecution that Babu Lal had been under suspension for quite a few years prior to the occurrence and was earning his livelihood by performing the work of a labourer somehow. Babu Lal was addicted to various vices including taking drugs. The appellant, who was living in the neighbourhood, was stated to be enjoying the drugs and drinks frequently in the company of Babu Lal at the house of Babu Lal.