JUDGMENT :

SANJAY KAROL J.

1. The only point which arises for consideration is whether on the basis of testimony of a solitary witness, eight men can be allowed to suffer incarceration for life, as has been concurrently held by the courts below. In the aforesaid backdrop, we are duty bound to examine as to whether the testimony of this sole eyewitness Yankappa Panchagavi (PW-1) is worthy of credence; Is he trustworthy?; Has he deposed truthfully?; Is his testimony believable and free from embellishments, improvements or material discrepancies so as to render it shaky or doubtful?; and as to whether the prosecution has established its case beyond reasonable doubt, against all accused persons or not? All this is what we are called upon to examine.

2. It is not in dispute that one Satyappa was found to have been murdered in broad day light in village Kaltippi, Jamakhandi Taluka. It is also not in dispute that in relation to the said incident, the very same day, i.e., on 13.08.2004 at 04.00 p.m. a report was lodged with Terdal Police Station, District Bagalkot, Karnataka. It is also not in dispute that the I.O Shri Hanamappa Sangappa Keri (PW-32), who conducted the investigation reached t