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9. Per contra, it is submitted by the Ld. APP for the State that the Trial Court has passed the impugned judgment and order on sentence after due appreciation of evidence and there is no infirmity or illegality in the judgment.

10. We have heard the Ld. counsel for the appellant and the Ld. APP for the State.

TENANCY OF THE APPELLANT

11. The Ld. ASJ has relied upon the testimony of Rita Devi (PW3), corroborated by her jethani Sheela Devi (PW2), wherein she stated that she rented out the 1st Floor of the property bearing House No.A- 787, JJ Colony, Pankha Road, Delhi to the appellant, where the body of the deceased was found. He noticed that their testimonies are further corroborated by the depositions of Rajender Kumar, Cable Operator (PW1) and another tenant on the second floor of the said premises Bhupat Prasad (PW4).

12. Rita Devi (PW3) has testified that she is owner of the said house and her jethani Sheela Devi (PW2) resides in the adjoining house. She identified the appellant to be the person who approached her for renting him a room about a year ago while she was with her jethani. She stated that the rent was agreed @ Rs.2200/- per month and the appellant informed her that he was working as a Raj Mistri and sought time of about 3-4 days to hand over his identity proof. It is elicited in her cross-examination that she is an illiterate person and did not inquire about the name and address of the appellant. The appellant assured them that he would be supplying his ID proof very shortly.

She stated that on the next morning the appellant brought his articles like cylinder, television, utensils, etc. She noticed the appellant going for his work and sometimes returning after 2-3 days. She denied the suggestion that the room in question was let out to the deceased.

13. The statement of Smt. Rita Devi (PW3) is corroborated by the statement of her jethani Smt. Sheela Devi (PW2). She testified that her devrani Smt. Rita Devi (PW3) has been residing in the adjoining House No. 786. She also identified the appellant present in the Court to be the person who approached her devarani to rent him a room about a year ago. It has further come in her evidence that a room was agreed to be let out to the appellant @ Rs.2200/- per month. She stated that on the next day, the appellant occupied the room. On her asking, the appellant assured to provide his identity proof within 3-4 days.

16. The testimonies of Rita Devi (PW3) and Sheela Devi (PW2) are corroborated by the testimony of Rajender Kumar (PW1), who is working under the Cable Operator at Ishika Cable Network, Uttam Nagar, New Delhi. He identified the person whose photograph (Ex.PW1/A) was shown to him to have approached them, for installation of cable connection at the premises 786-787, 1st Floor JJ Colony, Uttam Nagar near bus stand, New Delhi.

17. The testimonies of Rita Devi (PW3) and Sheela Devi (PW2) are further corroborated by the deposition of another tenant Bhupat Prasad (PW4) who has been in occupation of the 2nd Floor of the said property. PW4 deposed that he has been residing as a tenant on the second floor of the said House of Rita Devi (PW3) at a rent of Rs.1800/- per month for the last 7/8 years. He identified the appellant to be the person who started residing on the first floor of the said property. In his cross-examination he denied that the appellant was neither the tenant of PW2 and PW3 nor occupied the said room.