Judgment :

1. We have heard the learned counsel for the parties.

2. There were seven accused initially in the matter. A4 died during the course of the trial and six accused, accordingly, were brought to trial. During the recording of the evidence, five of the eye witnesses Shiv Ratan Singh (PW 1), Mahadeo Singh (PW 2), Kehar Singh (PW 3), Savitri Devi (PW 4) and Surya Bhan Singh (PW 9) were declared hostile. The trial court and the High Court, therefore relied on the evidence of Savitri Devi, wife of the deceased alone and having observed that her statement was corroborated by the medical evidence convicted the accused under Section 302/149 IPC and sentenced them to life imprisonment.

3. During the course of hearing today, Mr. Ashok Kumar Singh, learned counsel for the appellant in Criminal Appeal No 286 of 2008 has submitted that in the light of the fact that five eye witnesses had not supported the prosecution and had been declared hostile the implicit reliance on the evidence of P.W. 4, Savitri Devi, was not called for as her presence at the spot too was not believable. He has pointed out that this fact was clear as the First Information Report had been lodged after an inordinat