Judgment

Nanavati, J.-The appellant was tried alongwith three other accused for causing the death of Manna Singh. The trial Court convicted him under Section 302 IPC and acquitted the other accused. The High Court confirmed his conviction as it found that the evidence of the three eye-witnesses, P.W. 2-Swaran Singh, P.W. 3-Raj Singh and P.W. 4-Amar Singh is quite consistent and their evidence proves that the appellant had given a barchha blow to Manna Singh on his chest which proved to be fatal. The High Court after appreciating the evidence also recorded a finding that their evidence did not require any cor­roboration.

2. However, it was contended by the learned counsel for the appellant that the three eye-witnesses had not specifically stated before the police when their statements were recorded under Section 161 Cr.P.C. that Amrik Singh had given the fatal blow to the deceased. Merely because the witnesses have not specifically stated which blow was given by which accused their evidence cannot be discarded if it is found to be otherwise reliable. The eye-witnesses had received in­juries during this very incident; and therefore, their presence at the time of the incident has to be