Judgment

Nanavati, J.-Both these appeals arise out of the common judgment of the High Court of Delhi in Crl. A. Nos. 53/86 and 56/86. Crl. Appeal No. 53/86 was filed by accused Raj Kumar and Pawan Kumar. The other appeal was filed by accused Uday Singh. All the three appellants were acquitted by the High Court; and therefore Din Dayal, the witness in the case and close relative of deceased Jai Bhagwan, has filed these appeals after obtaining special leave from this Court.

2. The trial Court believed the evidence of Basant Ram, Din Dayal, M.K. Bhatnagar and Kalu Ram (P. Ws. 1 to 4) and convicted the respond­ents under Section 302 read with 34 IPC. The High Court on reapprecia­tion of their evidence found that the version given by them was so improbable and; their conduct was so unnatural that it created a serious doubt regarding the truthfulness of their evidence. The High Court also found that there was enmity between Jai Bhagwan and the respondents and the witnesses shared that hostility along with Jai Bhagwan. The High Court also doubted that the fatal injuries were caused to Jai Bhagwan with dagger Ex. P-1, alleged to have been dis­covered by respondent Raj Kumar, as the medical e