(May 31, 2001) 2001 (TLS)125170

2001-DLT-92-775 :: 2001-AD (Del)-5-644

PARBAT SINGH AND PARTAP SINGH Vs. State, Delhi Administration

Mahmood Ali Khan

( 1 ) AN Addl. Sessions Judge has convicted the appellant parbat Singh Partap Singh for committing offence of murder of Mota and Ms. Dhapa under Section 302 Indian Penal Code and has sentenced him to undergo imprisonment for life and to pay a fine of rs. 3000. 00 and in default to further undergo rigourous imprisonment for one year. The appellant is aggrieved and has filed the present appeal.

( 2 ) THE facts, as disclosed by the FIR and the evidence led by the prosecution, are that the complainant ms. Meera along with her husband, father-in-law Mota (since deceased) and an aunt. of her husband Ms. Dhapa (also deceased), was residing in a jhuggi in AG-Block, near DESU sub-Station, in Shalimar Bagh. Her family was using a space adjoining that jhuggi for bathing and cleaning of clothes. On that space the appellant Parbat Singh @partap Singh erected a jhuggi about two or three month before the occurrence which led to frequent quarrels between him and the family of the complainant. On the fateful day i. e. 9. 1. 1987 the husba