B.R. Gavai, J.

1. Being aggrieved by the judgment and order passed by the learned Additional Sessions Judge, Bhandara dated 9.7.2003 in Sessions Trial No. 52/97, thereby convicting the appellant for the offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs. 200/- and in default to suffer R.I. for one month and further convicting the appellant for the offence punishable under Section 324 of the Indian Penal Code and sentencing him to suffer S.I. for six months and to pay a fine of Rs. 100/- and in default to suffer S.I. for 15 days, the appellant has approached this Court. The prosecution case, in brief, as could be gathered from the material placed on record is as under:--

That the accused Bhagwan is resident of Sant Kolba Swami Ward, Bhandara. The deceased Maroti, his son Arjun PW. 1 and other family members are residents of Sant Kolba Swami Ward, Bhandara. The brother of the accused is mentally challenged. It is the prosecution case that one Shrinath Nagre, who is the son of injured Arjun Nagre and the grandson of deceased Maroti used to tease the brother of the accused by throwing the pieces of bricks on him. It is the prosecution case that the accused had assaulted Shrinath due to this. In order to question the accused as to why Shrinath was assaulted, the injured deceased and other family members had gone to the house of the accused. At that place, the quarrel took place. The scuffle ensued between the wife of the accused and the wife of the injured. When the deceased had gone to rescue his daughter-in-law, the accused came with the knife and assaulted deceased Maroti. PW. 1 Arjun had gone to rescue his father but the accused also assaulted him by knife. Deceased Maroti succumbed to the injuries. The first informant in the injured condition had left for police station. However, he came across the police vehicle on the way and he was taken to General Hospital. In the meantime, one unknown person had informed the Police Station, Bhandara about the murder in Sant Kolba Swami Ward. A statement of PW. 1 Arjun was recorded on the basis of which an offence under Sections 302 & 307 of the Indian Penal Code came to be registered. Investigation was set in motion.

2. At the conclusion of the investigation, a chargesheet came to be filed against the accused in the Court of J.M.F.C., Bhandara. Since the case was exclusively triable by the learned Sessions Court, the same came to be committed to the Court of learned Sessions Judge, Bhandara. The learned trial Judge framed the charges against the accused for the offence punishable under Sections 302 & 324 of the Indian Penal Code. The accused pleaded "not guilty" and claimed to be tried. At the conclusion of the trial, the learned trial Judge passed the order of conviction and sentence as aforesaid. Being aggrieved thereby, the present appeal.

3. Shri Junaid Ahmed, the learned Counsel appearing on behalf of the appellant, submits that the prosecution has failed to prove the case beyond reasonable doubt. It is submitted that all the witnesses are interested witnesses and as such, the accused has been falsely implicated. It is thus submitted that the appeal deserves to be allowed and the accused acquitted of the offences charged with.

4. As against this, the learned A.P.P. appearing on behalf of the respondent submits merely because the witnesses are interested, cannot be a ground for discarding their testimony. He submits that the evidence of all the eye-witnesses is consistent and, therefore, no interference is warranted.

5. PW. 1 Arjun is injured witness. He has stated in his evidence that on the day of the incident after taking meals he was taking rest. His parents and children were also at home. He states that his father had gone after sometime and, therefore, his son Shrinath had gone to call him. He further states that when his son was on his way to the house, accused without any reason assaulted