JUDGMENT :

1. The appellant before us, after being acquitted by the Trial Court, on appeal by the State, was convicted by the High Court for commission of offences under Sections 302 and 114 of the Indian Penal Code, 1860. The case arises from killing of one Jayantibhai (deceased) in the evening hours of 10.07.1995 with knife blows. In his statement supporting the FIR, PW-1, brother of the deceased has attributed commission of the offence to the appellant as also two other individuals who were arraigned as accused. They are the father and brother of the appellant. The prosecution case is that upon receiving knife injuries, the deceased had collapsed after running few paces. Subsequently, he was brought to his residence and thereafter taken to the hospital where he was declared dead. The autopsy surgeon found his death to have been caused by shock and hemorrhage due to stab injuries. He had identified altogether eight injuries on the body of the deceased, which in his opinion were ante-mortem.

2. The prosecution case is primarily founded on evidence of PW-2 (Parvatiben), who is presented by the prosecution as eyewitness. She happens to be a distant relative of the deceased. The other