IMPORTANT POINTS
Evidence cannot rejected just because it is partisan.
Facts of recovery cannot be disregarded merely because it was not made before independent witness.

JUDGMENT

Rastogi, J.

1. This appeal has been filed against the judgment and order dated 4th February, 2008 passed by the High Court of Judicature of Rajasthan at Jaipur Bench confirming the conviction of the appellant for the offence punishable under Section 302 IPC passed by the learned trial Court under the impugned judgment dated 22nd November, 2002.

2. The brief facts as per the prosecution case are that on 28th July, 2001, at 9.15 p.m. informant Sunil Kumar Goyal(PW-13) submitted a written report(Exh. P-1) at Police Station Dug wherein it was stated that around 6.30 p.m., he was going along with his brother Yashwant and Paras Mal on motor cycle bearing no. R-J20 8M 9309 to their agricultural farm situated at village Doodhlai. Yashwant was on the driving seat, Paras Mal(PW-1) was in the middle and the informant Sunil Kumar Goyal(PW-13) was sitting on the rear seat. While they were returning back, the accused Kripal Singh along with Ramlal, Arjun Singh and Sultan Singh met them near the house of Dhoole Singh. All the four were armed with axe, lathi, dharia, sword and pharsa surrounded their motor cycle and exhorted to kill Yashwant. Informant Sunil Kumar Goyal(PW-13) and Paras Mal(PW-1) got down and distanced themselves but Yashwant could not do so and was severely beaten up. All the assailants inflicted blows with axe, dharia, sword, pharsa and lathi on the person of Yashwant. They attempted to kill even the informant Sunil Kumar Goyal(PW-13) and Paras Mal(PW-1) while they were running for their life. They were chased by Kripal Singh who gave a blow with axe on the left shoulder of Paras Mal(PW-1). On the complaint made by Sunil Kumar Goyal(PW-13), the first information report(Exh. P2) came to be registered. Autopsy on the dead body of deceased Yaswant was conducted. Initially, all the four accused persons, namely, Kripal Singh, Ram Lal, Arjun Singh and Sultan Singh were arrested and on completion of investigation, charge-sheet was filed and charges under Sections 302, 394, 394/34, 324 or 324/34 IPC were framed against them who denied the charges and claimed trial. The prosecution in support of its case examined as many as 24 witnesses. The appellant claimed innocence in the explanation under Section 313 CrPC, three witnesses in support of defence were examined and learned trial Court after hearing acquitted co-accused persons namely, Ram Lal, Arjun Singh and Sultan Singh and convicted the appellant and sentenced him under Sections 302, 204, 394 and 324 IPC. Against conviction & sentence, accused appellant preferred appeal & the State of Rajasthan also preferred appeal against acquittal of the other three accused persons, both the appeals were dismissed affirming the judgment of the trial Court vide judgment impugned dated 4th February, 2008.

3. Against the said judgment, this appeal by way of special leave has been filed.

4. Heard Mr. Sushil Kumar Jain, learned senior counsel for the appellant and Ms. Ruchi Kohli, learned counsel for the State.

5. The main emphasis of Mr. Sushil Kumar Jain, learned senior counsel for the appellant is that PW-13 Sunil Kumar Goyal was the sole eye witness on whose statement conviction has been recorded and the present appellant has been assigned only an injury on the head of the deceased Yashwant which is not the only cause of death as per the statement of PW-6 Dr. Bhupesh Dayal and PW-7 Dr. Ramesh Chandra Khatik and further submitted that after the acquittal of other three accused persons namely Ram Lal, Arjun and Sultan Singh who too inflicted injuries on the various parts of the body of the deceased Yashwant, the appellant alone cannot be held guilty of causing the fatal injury and conviction under Section 302 IPC cannot be sustained and he at the most is liable to be convicted under Section 304 Part I or II IPC.

6. Learned senior counsel further submits that conviction of the appellant is only based on the statement of PW-13 Sunil Kumar Goyal who has been disbelieved qua the other three a