Short Note : 1. This is an appeal against the judgment dated 19-10-1976 passed by the Additional Sessions Judge, Guna, in Session Trial No. 131/1976, in which he has convicted the appellant under section 302 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for life. Held : The story given by Gopi (PW. 1) and corroborated by Chhuhari (PW.2) and Kamla (PW.3) cannot be said to be false merely because the Doctor's opinion is somewhat different. With this wound the deceased could cry before he died. (See "Wounds of the heart" page 203 Taylor's Principles and Practice of Medical Jurisprudence, 12th edition). 2. Relying on the statements of these three eye-witnesses viz., Gopi (PW. 1) Chhuhari (PW.2) and Kamla (PW.3), we are of opinion that they are speaking the truth and that the appellant gave the fatal blow to the deceased which caused his death. 3. The other objection submitted by the learned counsel for the appellant before us was that the witnesses say that there was Chimni (lantern) but the Chimni was not seized. But that was not the only source of light, as stated by the witnesses. They have also said that the night was star-lit and became of light from the stars, they could see the accused. Moreover, it is also clear from the evidence that the witnesses had a talk with the accused and that they knew him for the last so many years. Therefore, there could not be any mistaken identity so far as the accused is concerned. 4. The learned counsel lastly referred to us the enmity of the accused with the eye-witnesses. But the appellant's enmity was with the deceased and not with these eye-witnesses. Merely because they are related to the deceased, we cannot discard their testimony. The only thing that we have to see is that their evidence is scrutinised strictly and that we have done. Therefore, all the objections raised by the learned counsel for the accused before us fail and the consequence is that the appeal deserves to be dismissed. Appeal dismissed.