The prosecution must prove the guilt of the accused beyond a reasonable doubt in order to secure a conviction.

1. 1. Heard Mr. Niranjan Gour, Amicus curiae, appointed by the Court for the appellant and Mr. V.R. Mehta, learned Public Prosecutor, perused the record.

2. The appellant has been convicted on a charge Under section 302 of the Indian Penal Code and sentenced to undergo life imprisonment. This is an appeal against the conviction and the sentence.

3. The appellant was prosecuted along with one Badji, who has been acquitted by the trial Court of the charge Under section 302 Read With Section 34 Indian Penal Code. FIR was lodged against the appellant and Badji at the Police Station, Dhariyawad on 20.8.1992 by Chunia PW 1 alleging that his father was done to death by Galla by means of sword and Badji was with him. The incident was said to be of 19.8.1992 at 7.00 p.m. and the report was lodged at 6.00 a.m. on 20.8.1992, at a Police Station, which was at a distance of 15 kilometers.

4. The prosecution case rests on the testimony of four witnesses who are said to have seen assault and the evidence as to recovery of the weapon of offence an axe. PW 1 Chunia, who lodged the FIR and who is the son of the deceased, PW 2 Smt. Soomi the wife of the deceased, PW 7 Smt. Ratan, the daughter-in-law of the deceased and PW 8 Ramesh, a child witness of 14 years age, who is the son of the deceased, were examined by the prosecution as eye-witnesses.

5. PW 1 Chunia supported the prosecution version in the examination chief but, in his cross-examination, he candidly admitted that when he came out of the house his father was sitting alone on the cot and he had not seen Galla inflicting a blow on the deceased. He also stated that when he had come out the accused had already run away. He stated that his wife Smt. Ratan was sitting in the Patiyal where his father was attacked while he was sitting on a cot. He admitted that he did not identify the assailant as he had not seen him. He further admitted that he had lodged the report on the instructions of his brother Ramesh. He also stated that there were 4-5 houses in the neighbourhood and all these neighbours were in their house at the time of the incident. He also stated that one Girdhari Singh, his neighbour had also come out but no one else came on the spot. He also deposed that he had narrated to the neighbours the entire incident. He further deposed that the cot on which the deceased was sitting was drenched in blood but the police did not seize the cot. He admitted in the cross-examination that the report was lodged on the next day after deliberating with Nathu and Shanker throughout the night. It has also come on record, in his statement, that they were not on good terms with accused Galla, who was son-in-law of the uncle of the witness. He also admitted that his father and uncle were not pulling on well.

6. PW 2 Smt. Soomi, wife of the deceased also stated in-examination-chief that her son Chunia and her husband Ujma had returned from the market together and Ujma sat in the Patiyal on the cot. Accused Galla and Badji came there. Galla had a sword in his hand and he gave a blow, which killed Ujma. The accused persons ran away from the spot. In her cross-examination, she stated that she herself, Chunia, Ratan and Ramesh were inside the house and the deceased was sitting in the Patiyal on a cot. She also stated that the cot on which the deceased was sitting was drenched in blood. She further admitted that she had a poor eye-sight and she cannot see clearly in the night. She also admitted that she could not identify the accused persons in the dark from a distance of about 15 ft. Then she categorically admitted that she had rushed out of the house on hearing a noise and, by that time, the assailants had run away. She further stated that when she saw the accused persons at the time of occurrence, they were running away at a distance of 400 meters and she had seen them from behind. She also admitted that several persons were coming and going on the road near the incident. She had also stated that after