JUDGMENT

 This is an appeal filed under S. 379 of the Code of Criminal Procedure read with S. 2(a) of the SC (Enlargement of the Criminal Appellate Jurisdiction) Act. There are four appellants. They were tried for offences punishable under S. 302 read with S. 34, IPC and S. 307 read with S. 34, IPC by the Additional Sessions Judge, Bhavnagar. They are alleged to have caused the death of Najbhai Nagbhai by inflicting injuries and also caused injuries to Shardul Merambhai. The prosecution mainly relied on the evidence of the two eye-witnesses P.W. 1 and another P.W. 2 Mavji Magan. P.W. 2 was treated hostile. Therefore, the prosecution was left with the evidence of P.W. 1. The trial Court acquitted all the four accused holding that P.W. 1 is a highly interested witness and his version is in conflict with the medical evidence and there was inordinate delay in giving the report. The trial Court has also pointed out certain other discrepancies in his evidence. The trial Court further observed that it is unsafe to rely on the testimony of P.W. 1 to convict the accused. The State preferred an appeal against acquittal and the High Court accepted the evidence by explaining the various incons