Judgment

JUDGMENT - This is an appeal filed by the State of Rajasthan. The father and son were tried for the offence punishable under Section 302 read with Section 34, I.P.C. for causing the death of three persons who were no other than their family members.

2. According to the prosecution, on the intervening night of 25th and 26th June, 1977, Meet Singh and his son Bhagwan Singh (deceased) were sleeping on the cots. Gurdeep Kaur, wife of Bhagwan Singh, was sleeping with her mother-in-law. Punjab Kaur (deceased) in the court-yard inside the house. The two accused were also sleeping on their respective cots inside the house at some distance. It is alleged that at about 3 or 3.30 a.m. Gurdeep Kaur aroused from sleep when her husbands brother Balbir Singh (accused). struck a kassi blow on the body of her mother-in-law, Punjab Kaur. P.W. 1 claimed to have seen the other accused also striking a blow on the body of Punjab Kaur with a Gandasa. She tried to rescue her mother-in-law but she was pushed aside. She also claimed to have seen her father-in-law, Meet Singh and husband Bhagwan Singh being murdered by both the accused by the respective weapons. P.W. 1 raised an outcry which attracted Bhagwan Kaur who came to the place of occurrence immediately. But she was not examined. Seeing Bhagwan Kaur, the accused ran away. Further, the case of the prosecution is that on hearing cries P.Ws. 2 and 3 came there and tried to run after the accused assailants but could not overtake them. P.W. 3 is alleged to have gone to the house of Suja and informed him about the tripple murder. Suja came to the spot and he claimed that he was informed by Gurdeep Kaur (P.W. I) that the respondent-accused killed these persons. Then Suja accompanied by one Nathu rushed to the field of P.W. 5 and informed him about the occurrence. A report was given to the police. The case was registered and in the report it was mentioned that the motive on the part of the accused to commit the murders was that Balbir Singh, accused, wanted 15 bhigas of land in excess of his share from his father Meet Singh (deceased), while he was given only 10 bhigas.

3. The police held inquest over the three dead bodies and sent them for post-mortem. The doctor who conducted the post-mortem found three critical injuries which could have been caused by a sharp-edged weapon. The prosecution relied mainly on the evidence of P.Ws. 1, 2 and 3. The accused denied the offence. The trial Court accepted the prosecution case and convicted the accused and sentenced both of them to death. The convicted accused also preferred appeals. The High Court rejected the reference for confirmation of death sentence, allowed the appeals filed by the convicted accused. Hence the present appeal arises from the order of the High Court.

4. From the above-stated facts, it can be seen that the case is rested entirely on the solitary evidence of P.W. 1 The High Court has pointed out several infirmities in the evidence of P.W. 1 It is well-settled that if the case is rested entirely on the sole evidence of eye-witness, such testimony should be wholly reliable. In this case, occurrence admittedly took place in the darkness. The two accused were also sleeping in the court-yard along with the other family members, out of whom three were unfortunately killed on the fateful night. P.W. 1 categorically stated that she woke up only when her mother-in-law was beaten by one of the accused but yet she added that she saw her father-in-law and husband who were sleeping in the court-yard of the house being murdered by the miscreants. This is a clear infirmity in her evidence. That apart, it is highly doubtful that there was any light with the help of which she could identify the accused. On the other hand, a story was built up that an electric bulb was burning, in support of which there is no material. The High Court also considered the evidence of P.Ws. 2 and 3 and admittedly they came afterwards. P.W. 3 claimed in the trial Court that h