1. 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