PAREED PILLAY, J.

Appellant is the first accused in SC 24 of 1987 of the Sessions Court, Manjeri. He along with the second accused stood charged u/S. 302 read with S. 34 of the I.P.C. Appellant (A-1) was found guilty u/S. 302 of the I.P.C. and he was sentenced to undergo imprisonment for life. A-2 was acquitted.

2. The prosecution case is that on account of previous enmity appellant and A-2 assaulted Makkayi alias Marackar causing him fatal injuries on 22-4-1986 at about 1 p.m. Marackar (deceased) was standing in front of a stationery shop in Edavannappara bazaar. The incident happened in between the stationery shop and a stationary bus. According to the prosecution, appellant came there with a bag carrying M.O. 1 sickle and cut Marackar on his neck from behind with M.O. 1 sickle and also inflicted many more cut injuries. A-2 inflicted injuries on Marackar with M.O. 2 dagger. P.W. 1 and others took Marackar to the Government Hospital, Manjeri. On the way to the hospital Marackar succumbed to the injuries. Motive for the crime is stated to be on account of a previous incident in which Marackar caused the death of the brother of the appellant and A-2. Ext. P-1 first information statement was lodged by P.W. 1 and it was recorded by the Asst. Sub-Inspector of Police, Areacode. P.W. 14 doctor conducted autopsy and issued Ext. P-15 postmortem certificate. P.W. 16 Circle Inspector of Police investigated the case and laid the charge before the Court.

3. Prosecution examined P.Ws. 1 to 5 as eye-witnesses. P.Ws. 2, 3 and 5 turned hostile to the prosecution. Prosecution mainly relies on the testimony of P.Ws. 1 and 4 and portions of the evidence of P.Ws. 2, 3 and 5 to support its case against the appellant.

4. P.W. 1 stated that he saw the appellant coming with a bag from the southern side of the stationary bus and moving towards the stationary shop. Marackar was standing in front of the stationery shop facing towards the east. P.W. 1 deposed that the appellant took out M.O. 1 sickle from his bag and cut Marackar on the right side of his neck and continued to assault him thereafter, that Marackar fell down and that A-2 came there running and stabbed him with M.O. 2 dagger several times. P.Ws. 1, 3 Kunhali, Muhammed Kutty and others rushed to the place of occurrence. Appellant shouted that anyone who came near would be stabbed, Appellant and A-2 ran away towards the west carrying the weapons with them. P.W. 1, P.W. 3, P.W. 6 and Muhammed Haji took Marackar to the Government Hospital, Manjeri. On the way Marackar breathed his last. P.W. 1 stated that after examining Marackar the doctor pronounced him dead. P.W. 1 proceeded to the Police Station and lodged Ext. P-1 first information statement. P.W. 1 identified the weapon used by the appellant as M.O. 1 and the weapon used by A-2 as M.O. 2.

5. P.W. 4 stated that on hearing a commotion in between the stationery shop and the stationary bus he rushed to that direction and saw Appellant and A-2 assaulting Marackar. He deposed that appellant inflicted a cut injury on the right side of the neck of Marackar and continued to inflict injuries on him. Presence of P.Ws 2, 3 and others at the place of occurrence and the removal of Marackar to the Hospital is spoken to by P.W. 4 He identified M.Os. 1 and 2 as the weapons used by the appellant and A-2. P.W. 4 stated that he happened to see the incident as he came to the bazaar for purchasing medicines.

6. Learned counsel for the appellant argued that both P.Ws. 1 and 4 are chance witnesses and hence their evidence is thoroughly unreliable. It is pointed out that though the incident happened at a bazaar none of the shop owners there was examined and the prosecution chose to examine only chance witnesses and their evidence is of doubtful character. Wholesale condemnation of the evidence of a witness on the ground that he is a chance witness without analysing it cannot be justified. No court of law can adopt such a short cut method. There is no r