The court held that the testimony of eye-witnesses, when corroborated by other evidence, can be sufficient to prove the guilt of the accused beyond a reasonable doubt.

JUDGMENT

Vinit Kumar Mathur, J. - The present criminal appeal under section 374(2) of Cr.P.C., 1973 has been preferred by the appellants against the judgment and order of conviction dated 13.09.2012 passed by learned Additional Sessions Judge, Abu Road, District Sirohi in Sessions Case No. 25/2010 whereby the accused-appellants have been convicted and sentenced as under :

. 2. The prosecution story as unfolded in the parcha bayan of Kala (P.W. 3) recorded on 30.05.2010 states that there was dispute over the land between their family and his uncle Babu, which was going on for last two years. For this reason, there was no interaction between them. On 29.05.2010, while his mother along with his wife and children had gone to attend a marriage ceremony, he and his father Kewla were alone in the house. He slept on a cot in the backyard of the house and his father slept in the front portion of the house. At around 11.00 P.M., his uncle Babu and his son Jona alias Joniya armed with axes entered their house with an intention to kill and assaulted him inflicting grievous injuries on his left shoulder. He ran inside the house screaming. Thereafter, both the accused persons ran towards his father who was sleeping on a cot. They caught hold of his father. His father raised a hue and cry whereupon, his brother Rooparam who was sleeping next door came on the spot. In the moonlight, he saw that Babu and Jona alias Joniya dragged his father outside the house and assaulted him with axes. Jona alias Joniya inflicted an axe blow on the right side of the ribcage of his father and Babu inflicted axe blow on the back of right side above the waist, due to which his father fell on the ground. The first informant and Rooparam raised an alarm where after, the accused persons left the place. When both of them went close to their father, they saw that he was lying dead on the floor. He also suffered grievous cut injuries on his shoulder by the axe blows. Being in shock of the incident, they waited till the sunrise and thereafter, took their father to Trauma Center, Taleri being accompanied by Rooparam, Jumma and Sarda for treatment.

3. On this parcha bayan, an F.I.R. No. 129/2010 was registered at Police Station Abu Road Sadar, District Sirohi for the offences under Sections 302 & 307/34 of I.P.C.

4. After conclusion of investigation, the police filed charge sheet against the accused appellants for the offences under Sections 447, 326 & 302 read with Section 34 of I.P.C.

5. Learned trial court framed, read over and explained the charges for the offences under Sections 447, 326 & 302 read with Section 34 of I.P.C. to the accused appellants who denied the charges and sought trial.

6. During the trial, the prosecution examined as many as 20 witnesses and 35 documents were exhibited and in defence, 03 documents were got exhibited as Ex.D/1 to Ex.D/3.

7. The accused-appellants were examined under section 313 of Cr.P.C., 1973 and they were confronted with the evidence adduced against them during the course of trial to which they denied and stated that they were innocent and had been falsely implicated in this case.

8. Learned trial Court, after hearing the arguments from both the sides, convicted and sentenced the accused appellants as above vide judgment dated 13.09.2012. Hence this appeal.

9. We have heard learned counsel for the appellants and the learned Public Prosecutor.

10. Learned counsel for the appellants vehemently submitted that the police recei