Judgment

Nanavati, J.-The appellant was tried for committing murder of one Ashok on 12.4.1986 at 6.30 a.m. The trial Court believed the prosecu­tion witnesses and held that in all 10 injuries were caused by the accused with a knife and that three or four injuries were sufficient in the ordinary course of nature to cause his death. It, however, held that as the prosecution has failed to prove that the accused had any motive to cause death of Ashok, it would not be proper to convict the appellant under Section 302 IPC. So it convicted him under Section 304 Part II IPC.

2. The appellant challenged his conviction by filing an appeal to the High Court. The State also filed an appeal against the acquittal of the appellant under Section 302 IPC. The High Court dismissed the appellant’s appeal and allowed the appeal filed by the State and convicted the appellant under Section 302 IPC. The appellant has, therefore, filed this appeal challenging the judgment and order passed by the High Court.

3. Both the courts have believed the evidence of PW 1, who was himself an eye-witness and PWs 3 and 4. The learned counsel was not able to point out any flaw in the appreciation of evidence by the High Co