JUDGMENT

G.B.PATTNAIK, J.

(1) THESE appellants were convicted under Section 302/34, Section 394, 395 and sentenced to imprisonment for life for having caused the murder of Hari Ram on 17-10-1991. The prosecution case is to the effect that the father Moti Lal and son the deceased were together irrigating their field and then on early morning the son went to the well of Kalu Ram and at that place, the three accused persons started beating with weapons in their hands. The father, who was following the son, saw the accused persons beating and running away. According to the FIR version, the father then carried the dead body to his house and then went to the police station to lodge the report. The police on the basis of the FIR started investigation and after completion of investigation submitted the chargesheet. On being committed, the accused persons stood their trial. The prosecution case hinges upon the sole testimony of Public witness 7 the father of the deceased, who is supposed to have seen the occurrence and narrated the incident in the FIR as well as in his evidence in Court. The learned Sessions Judge as well as the High Court treated the evidence of said e