JUDGMENT

Malik Sharief- Ud-Din J . – The appellant puneet was convicted by the Addl. Sessions Judge, Delhi, under Section 302 Indian Penal Code and was sentenced to undergo imprisonment for life by his order dated 30th November 1981. Aggrieved by this order the convict has come in appeal.

2. Brief facts are that P.W. 8 Smt. Chander Kanta mother of the deceased Rakesh was residing in the house of her parents No. 7/207, Gita Colony, Gandhi Nagar, Delhi, along with the deceased and Sudhir Kumar P.W. 9 sons and one daughter. The appellant Puneet was also residing in the same colony in house No. 7/248 at the relevant time. It is said that the appellant was no friendly and visiting terms with the deceased. On 11th February 1980 at about 9.15 p.m. while Rakesh was lying on a cot wearing a Pajama Ex. P.1, under wear Ex. P-3, baniyan Ex. P-2 and sweater Ex. P-4 and while his brother Sudhir P.W. 9 was reading a book, the appellant Puneet is said to have knocked at their door. Rakesh opens the door and the accused is said to have told him to accompany him in connection with some urgent work. Deceased Rakesh is said to have accompanied him in those very clothes without putting on shoes. This c