SATBIR SINGH Vs. STATE

JUDGEMENT

(1.) The present appeal by Satbir Singh is directed against the judgment of the Additional Sessions Judge, Delhi, dated February 8, 1984, whereby he was convicted of an offence under Section 302 Indian Penal Code and sentenced to undergo rigorous imprisonment for life. The allegation that he had also unlawfully used his licenced pistol for committing the murder of Kulwant Singh was proved and thus he was held guilty under Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for five years.

(2.) Before dealing with the submissions of the learned counsel for the appellant, it is relevant to keep in mind the brief facts as disclosed by the witnesses of the prosecution. The accused Satbir Singh owns a house bearing No. 1/5547, Gobind Nagar, Shivaji Park, Shahdara, Delhi. He was residing on the first floor of the said house. A part of the ground floor was in possession of Kulwant Singh and his wife Smt. Amarjit Kaur. Two days prior to the date of occurrence, the accused had an altercation with Smt. Amarjit Kaur on account of default of payment of arrears of rent. Amarjit Kaur told the accused that he should have a talk with her husband in this behalf. The accused thereupon is alleged to have given her filthy abuses.

(3.) On 3-5-1982, Amarjit Kaur's father-in-law, Shri Ganda Singh, mother-in-law Smt. Satyawati and brother-in-law Shri Ranjit Singh had come to her house at about 8.30 or 9.00 P.M. At that time, Kulwant Singh was not present in the house. Amarjit Kaur told her in-laws that the accused had abused her two days back while demanding the arrears of rent. Ganda Singh then called the accused downstairs and told him that Amarjit Kaur was like his daughter-in-law and (hat he should not misbehave with her. The accused it was alleged then felt apologetic and went upstairs.