Decided on January 21,1983

SUNDER LAL Appellant
STATE Respondents


AGGARWAL, J. - (1.)THIS appellant herein Sunder Lal was tried on the charge of murdering Phoolwati. The appellant was found guilty of the offence under Section 302 of the Indian Penal Code and sentenced to imprisonment for life.
(2.)SOME 5 or 6 years ago the deceased Phoolwati along with her husband Babu Lal and two children including Guddi (PW 1) (who was then about 8 or 9 years old) resided at Bhagwan Dass Road. The appellant Sunder Lal became friendly with Phoolwati and he started visiting Phoolwati in the absence of Babu Lal. Babu Lal on coming to know of the clandestine meetings of Sunder Lal with his wife scolded Phoolwati and gave beating to her. It appears, Phoolwati did not stop the clandestine meetings with Sunder Lal about 2 years before the occurrence left Phoolwati and went away to his native village in Rai Bareilly.
Phoolwati, appears, shifted to a hut in Gautam Puri. she earned her livelihood by cleaning utensils in private houses. The jhuggi in Mangolpuri was demolished and Phoolwati with her children shifted to Trilok Puri. The accused, it appears, had left the employment with the French Embassy and taken up service in the Danish Embassy and he at the relevant time resided at 24 Retandon Road in a quarter within the premises of the Embassy.

(3.)ABOUT a month and half or two before the concurrence Poolwati started living with Amar Singh (PW 21) at Yamuna Pushta near Shakarpur Bridge. Amar Singh had some lands near the Jhuggi and he used to cultivate the same. Phoolwati helped Amar Singh in cultivation and also in cooking food.

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