MUNI LAL Vs. STATE

JUDGEMENT

(1.) Muni Lal Gupta, the appellant herein, was tried in the Court of Shri S. C. Jain, Additional Sessions Judge, for offences under Ss. 302, 307 and 309 of the Penal Code. He was found guilty of the first two offences and on the first charge he has been sentenced to death and on the second charge to rigorous imprisonment for 7 years. He was acquitted of the offence under S. 309 of the Penal Code. The charge against the accused was that on the night of 17th-18th Sept., 1984 he had caused the death of his son Vicky 2 years old and the daughter Muni4 or 5 months old, and further had caused grievous injuries to his wife Sankesh and daughter Kiran aged about 5/6 years. He was further alleged to have attempted to commit suicide. There is a reference by the State for the confirmation of the death sentence. The appellant also has filed appeal against his convictions and sentences. This judgment shall dispose of both the reference and the appeal.

(2.) A brief description of the scene of crime would help in appreciating the evidence. P.W. 8 Suresh Kumar and P.W. 21 Ramesh Chander are the owners of house bearing No. WZ-283, Village Naraina. A two-room set on the ground floor in the said house was in the tenancy of the appellant Muni Lal Gupta and his brother P.W. 3 Suraj Prakash. There is a door in between the two rooms. Muni Lal Gupta along with his wife Sankesh and three children named Kiran, Vicky and Muni resided in one room and in the second room Suraj Prakash along with his wife Manbasi (P.W. 2) and one child resided. There is one door opening in the courtyard on the west from the room of Suraj Prakash and another door on the east opens in the verandah from the room of Muni Lal Gupta. P.W. 21 Ramesh Chander resided in the ground floor on the west of the rooms of Muni Lal Gupta and Suraj Prakash. On the night of the occurrence Ramesh Chander was sleeping in the verandah in front of his room. P.W. 8 Suresh Kumar resided on the first floor in the back side. P.W. 7 Rajinder Singh is another tenant in the house and his room is near the room of Muni Lal Gupta.

(3.) The appellant and his brother are doing the business of fabrication of garments and they have a factory in Naraina. On the night of the occurrence Suraj Prakash was sleeping in the factory. Manbasi was sleeping in her room. The appellant, his wife and the three children were sleeping in their room.