JUDGMENT

This is an appeal filed u/S. 379 of the Code of Criminal Procedure and S. 2(a) of the SC (Enlargement of Criminal Appellate Jurisdiction) Act 1970. The sole appellant was tried along with four others for offences punishable under Ss. 147, 148 and 302 of the Indian Penal Code. The case rested mainly on the sole testimony of P.W. 2 who figured as the star eye-witness. The prosecution no doubt examined some witnesses to show that the accused were seen while running away from the scene of the occurrence. The learned Sessions Judge having considered the evidence of P.W. 2 observed that he was an interested witness belonging to the opposite faction and there are certain material discrepancies in his evidence. It is also pointed out that the medical evidence does not corroborate his evidence. There are certain other reasons given by the Sessions Judge for acquitting all the accused. The State preferred an appeal. The High Court, however, took the view that P.W. 2 is an independent witness and the discrepancies pointed out are not material and P.W. 2 the sole eye-witness at least has stated clearly that the appellant dealt a blow with dharia and the medical evidence shows that the