SURINDER SINGH Vs. STATE

JUDGEMENT

(1.) Surinder Singh alias Billu has been convicted by an Additional Sessions Judge, Delhi, under , and has been sentenced to imprisonment for life and a fine of Rs 5,000.00 with a direction that in case the fine is realised it shall be paid as compensation to the widow of the deceased. In default of payment of fine he has been directed to suffer further rigorous imprisonment for five years. He has also been convicted under Section 452, Indian Penal Code, and sentenced to rigorous imprisonment tor five years. The substantive sentences have been directed to run concurrently. He challenges the convictions and sentences by this appeal.

(2.) House No. 448 B, Majlis Park, Delhi, is a barrack divided into 6 roomes. In one of the rooms lives Mst. Kesar. In another room lives Kesar's sister. Two rooms intervene between these rooms. Mst. Kesar was married to Amar Singh, whereas her sister is married to Ram Singh. At one time Ram Singh was running a dairy and was keeping milch cattle in the open space behind the barrack. He fell sick and gave up this business. About two months before the incident Billu appellant started the dairy again. He started to tethering his cattle at the back of the barrack.

(3.) According to the prosecution version Billu was asking the Amar Singh to vacate his room so that the former could store fodder for the cattle. According to the defence version it was Amar Singh who objected to Billu's running the dairy there.