Important Point:a)Where a conviction is on the basis of a sole witness, court has to be careful and cautious.b)Even where a case hangs on the evidence of a single eye witness it may be enough to sustain the conviction given the sterling testimony of a competent, honest man although as a rule of prudence courts call for corroboration

Biren Vaishnav, J.

1. Four appellants, who have been convicted by a judgment and order dated 28.03.2014, passed by the learned Additional Sessions Judge, Gandhidham-Kutch and sentenced to undergo life imprisonment for the offences punishable under Sections 302 read with Section 114 of the Indian Penal Code, have approached this Court challenging their conviction and sentence.

2. Mr. Darshan Varandani, learned advocate for the appellants states that, appellant No. 1 Shankarbhai has expired. In view of the statement made by the learned advocate, the appeal so far as appellant No. 1 is concerned, stands abated.

3. According to the charge at Exh.8 framed by the learned Additional Sessions Judge in Sessions Case No. 51 of 2009, at 8 at night on 20.05.2009, Ravi Munnuswami Periswami Madrasi-husband of accused No. 3 was at the complainant's Shivani's place. It is the case of the prosecution that, due to the strained matrimonial relations between the accused No. 3 with her husband-deceased Ravi Munnuswami, the accused No. 2 along with the other accused went to Shivani-the complainant's place. The accused Nos. 1 and 2 caught hold of Ravi Munnuswami and the accused Nos. 3 and 4 caused grievous injuries by stabbing Ravi Munnuswami Periswami with a knife. All the four accused were therefore charged for offences punishable under Sections 302 read with Section 114 of the Indian Penal Code.

4. Shivani is the sister of deceased Ravi who lodged the First Information Report on 20.05.2009. According to the informant, she was staying with her husband Haresh Bhanushali. Ravi was her younger brother. She has three sisters, namely, Saraswati, Dhanlaxmi and younger to Dhanlaxmi is Vatsala alias Geeta. All of them are married. Ravi was married to the accused No. 1's daughter Vanita-the accused No. 3. Due to the strained matrimonial relationship between the two, Vanita had left her matrimonial home and was residing with her parents. Ravi was staying with his mother. According to the complainant, on 20.05.2009, at around 8 in the evening when she was at home, Ravi was a tea vendor came home and when he was in proximity of the home, his wife Vanita's father Shankar, younger brother Raju and mother Saroj came and caught hold of Ravi and started beating him. When she tried to intervene, Vanita, who was carrying a knife in her hand inflicted two blows on Ravi's chest. Ravi instantly collapsed on the floor. At that point of time, Ravi's father-in-law Shankar started kicking him. Vanita's brother also followed suit and started kicking him on his face. Saroj- Vanita's mother caught hold of Ravi, while the others were attacking him. Ravi started bleeding. Shivani's husband arrived home. Somebody shifted Ravi to the Rambagh hospital. She went to inform her mother, who was at Bhuj. The sister-the complainant and Saraswati went to the Rambagh Hospital. The doctor informed her that Ravi had died.

5. Shivani was examined at Exh.43 as prosecution witness No. 12. According to her testimony, on 20.05.2009, the incident occurred at Sundarpuri Tower on a way to Gopalpuri at around 07:30 in the evening when she was alone at home. Her mother had gone to Bhuj to her sister's place. Ravi-her brother had come for two days at her home. Vanita along with her brother Raju, father-Shankar and mother-Saroj came home and started abusing her. She further stated in her testimony that they started abusing her asking her as to why was Ravi staying with her at her home. To which she replied that, if she i.e. Vanita goes and stays with Ravi, he would not stay at her place and instead stay with Vanita. This suggestion was denied by Vanita stating that she was not willing to live with Ravi. This witness further stated that at that point of time 10-15 minutes after the four had arrived, her brother came home. On being questioned by his wife, he told that he was staying with his sister as she was alone as the mother was away at Bhuj. He further told his wife that if she comes and stay w