S.D. Anand, J. - (1.) APPELLANT Balwant son of Hazari Lal who was convicted by the learned Trial Court for an offence under Section 302 IPC and was directed to undergo imprisonment for life and to pay a fine of Rs. 1000/ -, has applied for the invalidation of the impugned finding.
(2.) FOR precise appreciation of the controversy, facts in the first instance. On 11.7.1997, at about 1/1.30 PM, appellant Balwant Singh came over to the house of Rajinder, brother of PW 3 and took him along to his house. At about 2.30 PM, PW 3 Abhey Singh was on way to his fields when he met PW 7 Kanwar Singh enroute. The latter was also proceeding from his house towards his fields. When both of them reached near the Baithak of the appellant situated out side the village, they heard a sound of shrieks coming from inside the Baithak. They went over near the window of that room and saw the appellant causing injuries to Rajender with a spade. They also overheard appellant declaring that he would settle all the accounts and clear the obstacle. Both of them entered the room through a door. On seeing them approaching the scene, the appellant fled the spot through another door and carried along the weapon of offence. PW 3 Kehar Singh and PW 7 Kanwar Singh gave him an abortive chase.
(3.) THE appellant had an evil eye on the wife of the deceased and he was on a look out for an opportunity to do away with him. It is that motive which actuated him to commit the crime with which he stands charged.;