KRISHAN KUMAR @ KISHAN GUPTA Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 29th July 2017 passed by the learned Additional Sessions Judge-04 (North-West District), Rohini Courts, Delhi in Sessions Case No.51958/2016 arising out of FIR No.275/2013 registered at Police Station ('PS') Kanjhawala, convicting the Appellant for the offence of murdering his own father, punishable under Section 302 IPC and the order on sentence dated 22nd August 2017 whereby he was sentenced to life imprisonment with fine of Rs. 3,000/- and, in default of payment of fine, to undergo simple imprisonment for one month.

(2.) As per the amended charge dated 19th March 2014, the Appellant was charged with committing the aforementioned murder on 12th September 2013, at about 11.00 pm, at his own house in Krishan Vihar, Mubarakpur Dabas, Delhi by giving repeated blows of kassi (fawra) on the neck of his father, thereby committing the aforementioned offence.

(3.) The prosecution's case is based on the eye-witness testimony of the Appellant's mother, Gayatri Devi (PW-2). As per her deposition, the deceased was working as a kabadi (junk dealer) and together they had three daughters all of whom were married and residing in their respective marital homes and one son, the Appellant. The Appellant is stated to have been 32 years old at the time and used to reside with his parents. He was unmarried and unemployed and would often pester his father for money.