MAHABIR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) MADAN Mohan Lal, J. This is an appeal against a judgment and order dated 29-6-1978 passed Sri Y. P. Singh, the then 1st Addl. Sessions Judge, Agra by which he has convicted Mahabir Singh appellant under Section 302 IPC and has sentenced him to undergo imprisonment for life.

(2.) SMT. Poonam deceased was married to Mahabir Singh appellant in the year 1972. It is said that Mahabir Singh appellant used to make a demand for scooter and because the same was not being fulfilled, hence he used to torture SMT. Poonam. The latter had been asking her parents to fulfill the said demand but the scooter was not supplied to the appellant,

(3.) IN support of its case the prosecution examined nine witness P. W. 3 Krishna Kumar Tyagi informant is brother of Smt. Poonam deceased. He was examined to depose that Smt. Poonam used to be tortured because the demand for giving a scooter to the appellant was not fulfilled, P. W. 5 Roop Kishan and P. W. 6 Viddha Rram were also examined to prove the motive. P. W. 7 Brijendra Singh had stated that at the time of the incident when a shot was fired he had seen the appellant armed with a gun standing on the roof of his house, i. e. where the murder was concinnities P. W. 8 Lal Kishan had also stated that he had heard a shot having been fired in the house of the appellant, he had gone to see Smt. Poonam lying dead on the roof. P. W. 8 Lal Kishan and P. W. 3 Krishna Kumar Tyagi had deposed that the appellant had made a extra judicial confession in their presence. P. W. 2 Raj Kumar was Head Moharrir at P. S. Btmadpur. He bad deposed that on 18-7-1975 Ahar Singh, i. e. uncle of the appellant, had come to the Police Station to lodge a report of the incident. The investigation of this case was made by P. W. 9 Dharam Singh Sirohi, S. O.