( 1 ) THIS appeal by the State of Gujarat is directed against the impugned judgment and order dated 20-3-1984, rendered in Sessions Case No. 25 of 1984, by the learned Additional Sessions Judge, Kheda at Nadiad, wherein the respondent-Balubhai Madhabhai Zala, who came to be tried for the alleged offence punishable under Section 302 of I. P. C. , was at the end of the trial ordered to be acquitted.

( 2 ) ACCORDING to the prosecution, the accused Balubhai Madhabhai Zala was residing jointly along with his two brothers viz. , (1) Udesing Madhahhai (deceased), and (2) Popatbhai Madhahhai, in Village-Parabia. The incident in question wherein Udesing was axed to death by giving him successive blows on his head by the accused, took place in the house itself on 13-11-1984 at 4. 00 p. m. This incident is alleged to have been seen by three eyewitnesses viz. , (1) Shardaben Udesing (PW-1, Exh-17); (2) Vinuben Popatbhai (PW-3, Exh-19); and (3) Mansing Jenaji (PW-4. Exh-22), who happens to be the Police Patel of village. It is further, the case of the prosecution that on information being received by Mansing Jenaji from some boys of the street that the accused and his brother Udesing