Mr. P. K. Bahri, J.

( 1 ) THIS appeal is directed against judgment and order dated 29/05/1990, of an Additional Sessions Judge, by which he has convicted theappellant for the offence puunishable under Section 302 of the Indian Penal Codeand has sentenced the appellant to undergo rigorous imprisonment for life and topay a fine of RS. 100. 00 and in default to undergo rigorous imprisonment for onemonth more.

( 2 ). Facts of the case, in brief, are that one Kundan Lal with his wife Laxmi (deceased) and children was residing in house No. 1/28a, Seema Nagari and theappellant, who is a junk dealer, had taken a shop on rent from Kundan Lal in thatarea. Appellant was on visiting terms at the house of Kundan Lal and he was alsovisiting the said house in absence of Kundan Lal. It is the case of the prosecution thaton 28/03/1986, at about I P. M. the appellant had brought Laxmi (since deceased)to a room in house No. E-51, Mansarovar Park, Shahdara. One Vijay is stated to bea tenant in one of the rooms in that house. Vijay was known to the appellant and theappellant had come to that room with the said lady on that date at that time. Dhianpal Singh, son of the landlord, was residing in the adja

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