JUDGMENT

S.B. Sinha, J.—Jubedabai, deceased although a lady was of unique character. She although passed medical course from Burhanpur and initially started medical practice, she was earning her livelihood by driving an autorickshaw. The first informant, Yusuf Sardar Pinjari (PW-1) was her foster brother. Ashraf Yusuf Pinjari who examined himself as PW-3 was son of PW-1. He at the relevant time was a minor. Jubedabai Abdul Rajjak Shaikh who examined herself as PW-4 was the younger sister of the deceased. Appellant herein was an employee of the State Reserves Police. He was an accused of commission of an offence under Section 326 of the Indian Penal Code for causing hurt to another autorickshaw driver Macchindra Baburao Thombare (PW-2). The deceased was called upon to mediate in the said dispute. PW-2 with a view to settle the dispute between himself and Appellant herein met each other in the morning of 3.9.1988. Appellant thereafter came to the residence of the deceased. He was of black complexion and was sporting beard. The deceased at about 10.30 11.00 a.m. was standing in the balcony of her house. She invited PW-1 for meals as the food was being cooked. He went inside the r