* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRIMINAL APPEAL NO. 476/1998
Reserved on: 28th February, 2014
% Date of Decision: 3rd April, 2014 SHANKAR LAL@SHANKAR ..... Appellant Through Mr. Rajan Bhatia, Advocate.
Versus
STATE (NCT OF DELHI) ..... Respondent Through Ms. Rajdipa Behura, Additional Public Prosecutor.
CORAM:
HON'BLE MR. JUSTICE SANJIV KHANNA
HON'BLE MR. JUSTICE G.P. MITTAL
SANJIV KHANNA, J:
Shankar Lal @ Shankar by the impugned judgment dated 30th September, 1998 stands convicted under Sections 302 of the Indian Penal Code, 1860 (IPC) for murder of his uncle Mukesh Kumar. Said Mukesh Kumar was son of Mishri Lal from his second wife, whereas the appellant herein is son of Rohtas, who was born from the first wife of Mishri Lal. By order on sentence dated 6th October, 1998, the appellant has been sentenced to life imprisonment and fine of CRL.A. No.476/98 Page 1 of 16 Rs.5000/-, in default of which, he has to undergo Rigorous Imprisonment for six months.
2. The main contention or plea raised in the appeal is that the appellant has been wrongly indicted and is not the culprit or perpetrator of the crime. It is submitted that there is no legal evidence to implicate the appellant. The second plea and connected contention raised relates to the doubt or debate on the question of cause of death of Mukesh Kumar.
3. At the outset, we notice and record that there is no eye witnes