ORDER

On 2nd October, 1983 in the morning, Smt. Sukhi, aged 70 years, was murdered. Respondent, her adopted son, was tried for offences under Sections 302 and 447 IPC in connection with that murder. The trial Court, vide judgment dated 30th June, 1984 convicted the respondent for the offence under Section 302 IPC and sentenced him to suffer imprisonment for life and to pay a fine of Rs. 100/- and in default of payment of fine, to further undergo rigorous imprisonment for one month. He was also convicted for the offence under Section 447 IPC and sentenced to three months rigorous imprisonment. The substantive sentence of imprisonment was, however, directed to run concurrently. The respondent challenged his conviction and sentence through an appeal in the High Court of Judicature at Rajasthan, Jodhpur. This appeal by special leave has been filed by the State questioning the order of acquittal.

2. The trial Court as well as the High Court took note of the fact that the entire case of the prosecution revolved around eye witness account given by PW 9 Jetha Ram and PW 11 Gulla Ram, besides the medical evidence provided by PW 12, Dr. Jugal Kishore and recovery of certain other articles from the spot as well as at the instance of the respondent.

3. The substratum of the prosecution case is that on 2nd October, 1983 in the morning when deceased Smt. Sukhi, along with her grandson (daughter s son) Gulla Ram, PW 11 went to her field for collecting watermelons and after collecting the same, when she was carrying them, respondent arrived there from the eastern side, armed with an axe in one hand and jayee in the other. He started abusing Smt. Sukhi in vulgar language and threatened to kill her as also her grandson PW 11, Gulla Ram. He, thereafter, inflicted an injury with the axe on her head. On receipt of that injury, deceased fell down. The respondent gave another blow to her with the axe when handle of the axe broke. The respondent, thereafter, used the jayee and inflicted injuries on the deceased while she lay on the ground. While causing injuries with jayee, horns of the jayee also broke.

4. On hearing alarm being raised by Gulla Ram, PW-11, Jetha Ram PW 9, who was grazing his cattle in the nearby field on the western side, arrived at the spot, and the respondent ran away. Gulla Ram, PW-11 lodged written report Ext. P-15 at Police Station Panchori, District Nagaur on 2.10.1983 at about 12.30 p.m. Investigation was taken in hand by the S.H.O. Pagluram, PW 14. After visiting the spot and completing investigation, the respondent was sent up for trial, as already noticed.

5. The High Court carefully and critically reappraised the entire evidence on record. Dealing with evidence on eyewitnesses, PW 9, Jetha Ram and PW 11, Gulla Ram, the two aye witnesses of the prosecution, High Court opined :

"We have gone through the statements of these two eyewitnesses and a critical examination of the evidence of these two eyewitnesses shows that these witnesses are not speaking the truth and they are not reliable witnesses. The testimony of these two witnesses does not find support from the medical evidence. Both these witnesses have stated that the accused inflicted two injuries by the axe and 10 to 12 injuries by the jayee while as per PW 12 Dr. Jugal Kishore and as per the postmortem report, the deceased has received five incised injuries and seven injuries by blunt weapons on her person. If the statements of these two witnesses are taken to be true then the deceased should have received only two incised wounds and not five. Even the dimensions of these five injuries, which were caused by sharp-edged weapon, are of two different sizes. According to PW 12 Dr. Jugal Kishore these injuries could be caused by two different weapons as well as by the same weapon. Even regarding the blunt weapon injuries, the doctor is of the opinion that those injuries can be caused by two different weapons as well as by one weapon. The nature of the injuries, received by the