Eyewitness testimony from relatives, if corroborated by physical evidence, can be deemed reliable regardless of familial interest.

1\. This appeal is directed against judgment dated 19th January, 1996 passed in Session Trial No. 147/1995 by the Second Additional Session Judge, Bilaspur. By the impugned judgment, accused / appellant Gunaram has been convicted under S.302 and S.325 of the Indian Penal Code and sentenced to undergo imprisonment for life and rigorous imprisonment for three years, respectively. Both the sentences are directed to run consecutively.

2. The facts, briefly stated, are as under:
On 1-10-1994, at about 8.00 a. m., deceased Sitaram and Narbada Prasad alias Lallu (PW - 2) were going to Gadhiyakhar. At the same time, the appellant was returning from Gadhiyakhar. He was armed with an iron Chatwar. When the deceased and Narbada Prasad alias Lallu (PW - 2) reached near the appellant, the appellant assaulted on the head of the deceased with the Chatwar. Narbada Prasad alias Lallu (PW - 2) snatched the Chatwar from the appellant and ran away from there. On the way, Narbada Prasad alias Lallu (PW - 2) met with Ghurau Ram (PW - 3). Narbada Prasad alias Lallu (PW - 2) narrated the incident to Ghurau Ram (PW - 3) and thereafter they returned to the place of occurrence. While deceased Sitraram, Narbada Prasad alias Lallu (PW - 2), Ghurau Ram (PW - 3) and Saraswati Bai (PW - 1) wife of the deceased were returning to their village and when they had reached near the Well, the appellant came there and snatched the Chatwar from Narbada Prasad alias Lallu (PW - 2) and assaulted the deceased. The deceased sustained injuries on his head. When Saraswati Bai (PW - 1) tried to save her husband, the appellant also assaulted Saraswati Bai (PW - 1) with the Chatwar. She sustained injuries on her right hand. Saraswati Bai (PW - 1) lodged First Information Report (Ex. P / 17) in Police Station Seepat and an offence under S.307, IPC was registered. Deceased Sitaram and Saraswati Bai (PW - 1) were sent for medical examination. Dr. V. Venkatesh (PW - 5) examined Saraswati Bai (PW - 1) and gave his report (Ex. P / 4). He also examined Sitaram and gave his report (Ex. P / 5). Sitaram was referred to District Hospital, Bilaspur and Saraswati Bai (PW - 1) was also referred for X - ray examination. Dr. S. Chatterjee (PW - 12) examined the X - ray report and gave his report (Ex - P / 22) in which he opined that Saraswati Bai (PW - 1) had sustained fracture in her right radius bone. Sitaram was admitted in the District Hospital, Bilaspur, where he died during treatment. Intimation was sent to Police Station, Kotwali, Bilaspur. Merg Intimation (Ex. P / 9) was also recorded. The offence was converted from S.307, IPC to S.302, IPC R. Tigga (PW - 9) reached District Hospital, Bilaspur, gave notice (Ex. P - 6) to the Panchas and prepared inquest (Ex. P / 7) on the body of the deceased. Body of the deceased was sent for post - mortem examination to District Hospital, Bilaspur. Post - mortem examination was conducted by Dr. R. J. P. Verma (PW - 10), who gave his report (Ex. P - 16) in which he found (i) incised wound, 3" x linear, bony deep, placed anterio, posteriorily and obliquely, posterior end of wound was over enter of scalp from a line joining the tip of both ears, blood clot present (ii) incised wound, 3_½" linear x bony deep, placed horizontally from post end of injury No. (i), on removal of scalp, blood clot present between scalp and skull over left temparo - parietal area. Fracture of skull cap from tip of right ear, passing towards posterior laterally, 6" x linear, bone pieces are separated from each other, communicating with the skull cavity. He opined that the cause of death was head injury producing fracutre of