INNOCENT NWAYO Vs. THE STATE

JUDGEMENT

(1.) The Appellant, a Nigerian national, is challenging the impugned judgment dated 23rd July, 2016 passed by the learned Additional Sessions Judge-03, West District, Delhi (ASJ) in SC No.40/3/14 arising out of FIR No.236/2011 registered at Police Station (PS) Uttam Nagar convicting him for the offences under Sections 302 and 201 of the Indian Penal Code ( IPC ) and the order on sentence of the same date whereby he, for the offence punishable under Section 302 IPC was sentenced to life imprisonment with a fine of Rs.10,000/-; and in default of payment of fine to undergo six months simple imprisonment (SI). For the offence punishable under Section 201 IPC he was sentenced to undergo imprisonment for one year with a fine of Rs.2,000/-; and in default of payment of fine to undergo one month SI.

(2.) The background facts are that Gurudev Singh (PW-1) is the owner of House No.45, Mahesh Vihar, Phase-II, Uttam Nagar, Delhi. His cousin sister Paramjit Kaur was living on the ground floor of the said house. He had given the first floor of the said house on rent to the Appellant in February, 2011 at the rate of Rs.4,500 per month. The second floor of the house was vacant. The third floor of the house was also given on rent in August, 2010 to another Nigerian national, whom PW-1 called Michael, at the rate of Rs.4,000/- per month. PW-1 had verified both tenants passports and visas before giving them the premises on rent.

(3.) PW-1 states that around 7th May 2011, he had gone to the above address to collect the rent from both these tenants, but found both the floors locked. He called the Appellant on the mobile number he had provided to PW-1, but found it switched off. As far as the mobile number of the other tenant is concerned, it kept ringing but nobody picked up the phone.