SUNIT GUPTA Vs. STATE

JUDGEMENT

(1.) This appeal has been directed against the judgment and order dated 06-05-2002 passed by Sessions Judge, Dehradun in sessions Trial No.273 of 2000 convicting the appellant u/Ss. 302, 324 I. P. C. and sentencing him to undergo imprisonment for life and to pay fine of Rs.5,000/- under the first count and to undergo R. I. for one year under the second count for having committed the murder of Piyush Karanwal and for causing hurt to his wife Smt. Kiran Karnwal at about 11.00 p.m. on 04-10-2000 in their house in the town of Dehradun.

(2.) Briefly stated the case of the prosecution was that Piyush Karnwal, deceased was running a guest-house in the first floor of his house No. 36 Dhamawala within police circle Kotwali, district Deharadun. Appellant Sunil Gupta was employed as household servant and he was also assigned the duties to upkeep the guest-house. Appellant raised demand of some money few days before the occurrence but the payment was deferred by the deceased on the pretext that his salary account will be finalized in the coming month of November and he will be permitted to go to his home town. According to prosecution the appellant got displeased by refusal to pay the money and out of this enmity committed the murder of his master Piyush Karanwal.

(3.) The actual occurrence took place at about 11.00 p.m. on 04-10-2000 when Piyush Karanwal was sleeping in the room adjacent to the office of the guest-house. Deceased's wife Smt. Kiran Karanwal (P. W. 8), daughter Km. Prerna (P. W. 1) aged about 10 years and a son were sleeping in the outer room. At about 11.00 p.m. in the night shrieks of the deceased were heard by his wife Smt. Kiran Karanwal who at once went into room of her husband. She found appellant assaulting her husband by a sword. There was electric tubelight in the room. Smt. Kiran Karanwal, in order to save her husband, caught sword of the appellant by her hand. Hearing noise, both the children also woke up besides a tenant Nishu (P. W. 5) who also reached there with one Narayan Das and others and appellant Sunil was arrested on the spot. Appellant had also poured some acid on the face of the deceased. Smt. Karanwal gave information to Ashok Karanwal (P.W. 2), one of her relative and others on telephone and with the help of these persons Piyush Karanwal was taken to hospital where he was declared dead by the doctors.