JUDGMENT - R.K. BATTA, J.:---The appellant was tried for the murder of Anjanabai under section 302 of the Indian Penal Code. Briefly stated the prosecution case is that the appellant who is a Police Constable had gone to the hotel run by deceased Anjanabai and he lifted eatables and started eating the same. It appears that the deceased Anjanabai objected to the same and scolded the Police Constable. The appellant then went to the Pan Shop of Sheikh Shakil Ahmad (P.W. 1) which is adjoining to the said hotel and demanded pan. P.W. 1 Shakil asked the appellant to bring change and then only he would give pan to him. Appellant left the pan shop. After about half an hour, the appellant returned to the hotel run by deceased Anjanabai, took out an axe which was hidden in his clothes and assaulted with axe Anjanabai on the head. Beside this, the appellant also gave other blows to Anjanabai. The assault took place on 16-7-1986. The prosecution had examined twelve witness in support of the charge including three eye-witnesses besides two witness in support of dying declaration of the deceased. The dying declaration was not relied upon by the trial Court. The testimony of three eye-witnesses w

Click Here to Read the rest of this document