The main legal point established in the judgment is the requirement for wholly reliable evidence to base a conviction, especially in cases where the prosecution's case relies on a sole eyewitness testimony.

J.R. Goyal, J.-As many as three accused were inducted for trial before the learned Special Judge (Sati Niwaran) Rajasthan and Additional Sessions Judge, Jaipur City, Jaipur in Sessions Case No. 7/1999 for having committed murder of Raju. Learned Judge vide Judgment dated 02.03.2000 convicted the accused appellant Sheelu @ Suresh under Section 302, IPC and sentenced to suffer imprisonment for life and fine of Rs. 1,000/-and in default to further suffer three months rigorous imprisonment. Other accused Peetu and Mahesh @ Bulla were however acquitted. Aggrieved by the aforesaid Judgment the accused appellant Sheelu @ Suresh preferred this appeal.

2. The brief facts giving rise to this appeal are that Meetha Ram (PW. 4) father of the deceased Raju submitted a written report Exh. P-2 in S.M.S. Hospital to Suresh Kumar (PW. 17), S.I., Police Station Mansarovar, Jaipur on 10.11.1998 at 10:15 p.m. to the effect that at about 9 p.m. when he was sitting in a shop situated in his house No. 62/331-32, Rajat Path, Mansarovar, son of the servant Bhojraj Kabari came and told that an altercation had taken place between Raju, accused Sheelu and Bulla, upon which the complainant asked his tenant Bhagwan Das (PW. 5) to go to the spot. Bhagwan Das left the place and soon thereafter one Raju-auto driver informed that Sheelu and Bulla had attacked the complainants son Raju and he had been taken to hospital by Bhagwan Das (PW. 5) and Kara (PW. 2). He immediately closed his shop and rushed to the hospital where Kara met him and he told that Raju has been stabbed with knife by Sheelu and Bulla. When the complainant reached at the emergency of the hospital, the dead body of Raju which had many injuries thereon was lying there.

3. Suresh Kumar, S.I. after due endorsement sent its report to the S.H.O., Police Station Mansarovar, Jaipur where a case under Section 302, IPC was registered.

4. Suresh Kumar, S.I. prepared the site plan Exh. P-4 on 10.11.1998, samples of blood stained peaces of road and simple road peace were taken vide Exh. P-11, Panchnama Exh. P-5 was prepared on 11.1998 and certain articles were seized vide Exh. P-3. Post-mortem on the body of Raju was conducted on 11.1998 by the Medical Jurist Sh. Kishan Dhanka (PW. 12) on 11.1998. Scooter No. RPE-4739 belonging to the accused Sheelu @ Suresh which was lying on the place of incident was seized vide Exh. P-7 Scooter No. RJ-14 19M 4758 belonging to Kara (PW. 2) was also seized vide Exh. P-8 from the place of incident.

5. The accused appellant Sheelu @ Suresh and co-accused Bulla @ Mahesh were arrested on 11.1998 vide Exh. P-12 and Exh. P-18 respectively. Accused Peettu was also arrested on 111.1998 vide Exh. P-17. The blood stained clothes of Bulla @ Mahesh and Sheelu @ Suresh were also seized vide Exh. P-9 and Exh. P-10.

6. On the information Exh. P-31 given by the accused Sheelu, knife was recovered on 111.1998 vide Exh. P-20 and the site map of place of recovery of the weapon Exh. P-21 was also prepared. Accused Bulla @ Mahesh gave information Exh. P-32 on 11.1998 upon which the blood stained Khukhari was recovered vide Exh. P-22 on 211.1998 and the site map of place of recovery (Exh. P-23) was also prepared. Likewise upon information of accused Peetu which is Exh. P-33 his blood stained clothes were recovered vide Exh. P-14. The statement of Kara @ Rajkumar under Section 164, CrPC was got recorded on 111.1998. The blood stained clothes, knife and Khukhari were sent to the laboratory for analysis from where report Exh. P-34 was received. After investigation charge-sheet was filed. The trial Court framed the charges for offence under Section 302/34, IPC. They pleaded not guilty and claimed trial.

7. In support of its case the prosecution examined as many as 17 witnesses including Jai Kishan (PW. 1), Kara @ Rajkumar (PW. 2), Sant Ram (PW. 3), Meetha Ram (PW. 4), Bhagwan Das (PW. 5), Raja @ Kanhaiya Lal (PW. 6), Munshi Ram-constable (PW. 7), constable Ram Singh (PW. 8), Uma Shanker