- (1.) THIS appeal is directed against the judgment dated 28th August, 1979 passed by learned Additional Sessions Judge in Sessions Case No. 102/75/14/76. The prosecution case unfolded during the trial is that on 5th July, 1975, PW 1 Babu lodged the FIR at Police Station Hindaun City. In the FIR, it was alleged that Smt. Bhoori has been murdered and it is suspected that Dhan Singh appellant may be the person who committed the murder. Investigation was conducted by the Investigating Officer and charge -sheet was submitted before the court of Judicial Magistrate. The case was committed to the court of Sessions Judge. It is alleged that Mst. Bhoori was sleeping in the Chowk of her house in intervening night of 4th and 5th July, 1975.
(2.) ON behalf of the prosecution, PW 1 Babu, PW 2 Mst. Tasviri, PW 3 Rameshwar, PW 4 Leelaram, PW 5 Dr. Surajlal, PW 6 Revati Prasad, PW 7 Subuddhi and PW 8 Mishrilal have been examined. The Sessions Judge relied upon the testimony of PW 1 Babu, PW 2 Mst. Tasviri and PW 3 Rameshwar.
(3.) PW 2 Mst. Tasviri has stated that she saw the accused running away with a spade in his hand. PW 1 Babu and PW 3 Rameshwar have stated that they were informed just after the occurrence by Mst. Tasviri, PW 2 that Dhan Singh is the culprit and Dhan Singh had committed the murder of Mst. Bhoori. PW 5 Dr. Suraj Lal has conducted the post mortem of the deceased Mst. Bhoori wife of Girraj. He found 7 injuries on the person of the deceased. All the injuries are incised wounds. The learned Sessions Judge has also relied upon the discovery and recovery of spade. On the spade, blood was found. Mr. Gupta, appearing on behalf of the appellant has assailed the findings of the court below and submitted that there was no motive for the commission of the offence, and the court below has wrongly appreciated the evidence relating to motive.;