JUDGMENT

M.L. Koul, J. - The appellant Madan Mohan @ David (in short the accused) and one Amar Nath faced a joint trial under Sections 302 and 201/34 of the Indian Penal Code before the Addl. Sessions Judge, Kurukshetra. On completion of trial, the accused Madan Lal was convicted for both the offences under Sections 302 and 201/34 I.P.C. and sentenced to undergo life imprisonment with a fine of Rs.1,000/- under Section 302 I.P.C. in default of payment of fine to undergo further rigorous imprisonment for six months under Section 201 I.P.C. he has been sentenced to undergo one year's rigorous imprisonment. Both the sentences have been directed to run concurrently.

2. The brief facts of the case as set out by the prosecution are that the accused Madan Mohan was employed in the Press Department of Kurukshetra University. The deceased Balinder Singh was a student of B.A. 3rd Year and was occupying Room No. C-70 in Bhim Hostel of the said University. Ajmer Singh P.W. 10 was occupying Room No. C-73 in the same Hostel, adjoining the room occupied by the deceased. On 4-5-1992 at about 7/8 P.M. the said Ajmer Singh (P.W. 10) was sitting with the deceased in his Room No. C-70 when the accused