ORDER :

The present case is a sad story of a family consisting of three brothers of whom one has died, the other is the accused and the third one an eye witness to the incident, for whom the blood relation with the living has proved to be thicker than with the one who has died and has turned hostile. The prosecution case rests on the sole testimony of an eye witness Kala Bai PW-11, the widow of the victim.

2. The accused-appellant has been convicted for the commission of offences punishable under Section 302 and 323 Indian Penal Code and sentenced to imprisonment for life for the offences under Section 302 Indian Penal Code and to one year's rigorous imprisonment for the offence under Section 323 Indian Penal Code. Both the sentences were directed to run concurrently. An appeal preferred by the accused appellant has been dismissed by the High Court. This is an appeal by special leave.

3. Rattan Lal the accused-appellant, Balaram the deceased and Gopal PW 14 are three real brothers. The prosecution case is that there was a separation in the family consequent whereupon Balaram (deceased) and Gopal started living together in one house while Rattan Lal, the accused-appellant separated and