Honble MATHUR, J.–This appeal is directed against the judgment dated 17.12.92 passed by the Special Judge SC/ST Court, Udaipur in Sessions Case No. 5/92 convicting the appellants of offence under Sec. 302/149 I.P.C. and sentenced each of them to undergo imprisonment for life and in default of payment to further undergo two months R.I. (2). The appellant Jeeva and his sons namely Munshi aged 21 years, Prabhu aged 19 years and Shambhu aged 17 years were put to trial before the Special Judge SC/ST Court, Udaipur on the charge of murder of Laxman and Valji. The 5th accused Dhanji being a juvenile was separately tried by the Juvenile Court. (3). The prosecution case in brief is that on 6.11.91 at about 8.30 p.m. PW/5 Nanaji submitted a written F.I.R. Ex.P/12 in village Javla before the S.H.O., Police Station, Gordhan Villas stating inter-alia that in the morning at about 7 PW/2 Deva and PW/3 Mohan came to his son Laxman (deceased) and asked him to go to the house of Ward Panch for celebrating Diwali festival. At that time Valji (deceased) also arrived there. Thereafter Deva, Mohan, Laxman and Valji all the four left for the house of PW/6 Ward Panch, Nathu. At about 11 a.m. his younger son Babu informed him that the accused Jeeva, Prabhu, Manshi, Shambhu and Dhanji have beaten Laxman and Valji in the `Khalian and killed them. On this Deva went to the `Khalian where the dead bodies of deceased Laxman and Valji were lying. Deva, Mohan and PW/4 Soma were sitting beside the dead bodies. They disclosed that all the 5 accused persons armed with `Kulhari, `Lathi and stones arrived there and assaulted Laxman and Valji. Jeeva was armed with `Kulhari and `Churri. He caused injuries to both the deceased persons. The accused Prabhu and Shambhoo were armed with lathis. The accused Dhanji and Prabhu assaulted them by stones. He also stated that there was dispute between the parties with respect to the certain land. On this information, Police registered a case for offences under Sections 147, 148, 149 and 302 IPC. PW/8 Mool Chand Vishnoi, S.H.O., Police Station, Gordhan Vilas took up the investigation. The Police held the inquest and arranged post-mortem of the dead bodies of the deceased Laxman and Valji. Recoveries of weapons were made in pursuance of the information given by the accused persons. PW/8 Mool Chand Vishnoi, S.H.O., Police Station, Gordhan Vilas took up the investigation. The Police held the inquest and arranged post-mortem of the dead bodies of the deceased Laxman and Valji. Recoveries of weapons were made in pursuance of the information given by the accused persons. After usual investigation, Police led charge-sheet against the accused persons of offence under Sec. 302/149 and 148 IPC. (4). The accused appellants denied the charge and claimed trial. The prosecution in support of the case examined as many as 11 witnesses and produced number of documents. The accused Jeeva in his statement under Sec. 313 Cr.P.C. stated that he alongwith his sons was at his house. The deceased Laxman and Valji alongwith their associates attacked on their house, they put fire to their house and created a situation that if they would not have run away, they would have been killed. He also stated that arrows of the aggressors hit Laxman and Valji causing their death. Accused Jeeva appeared in the witness box as DW/1. All the accused persons have made almost same statement. (5). We have heard Mr. A.K. Acharya, learned counsel appearing for the appellants and the learned Public Prosecutor. We have also perused the record carefully. The prosecution has examined PW/2 Deva and PW/3 Mohan as eye witnesses. PW/2 Deva stated that on the next day of Diwali of the preceeding year at about 11 a.m. while he was at his house, Mohan arrived and asked him to go to the house of Laxman. Thereafter they wen to the house of Laxman. From there he returned to his house alongwith Valji, Laxman, Babu and Mohan. While they were preparing to proceed towards the house of Ward Panch, Nathu, the accused Jeeva, Manshi, Shambhoo, Prabhu and Dhanji arrived. They started hurling stones. The accused Manshi and Shambhoo caught hold Laxman. Jeeva gave a `Kulhari blow on the head of Laxman and Jeeva thereafter took out `Churri and stabbed in the back of Laxman. On account of which Laxman fell down. Prabhu and Dhanji caught hold Valji. Jeeva attacked on Valji twice by `Churri. He also stated that Valji and Laxman succumbed to the injuries on the spot. PW/3 Mohan stated that he alongwith Deva had gone to the house of Nana. At the house of Nana, Valji and Narayan were also there. On account of which Laxman fell down. Prabhu and Dhanji caught hold Valji. Jeeva attacked on Valji twice by `Churri. He also stated that Valji and Laxman succumbed to the injuries on the spot. PW/3 Mohan stated that he alongwith Deva had gone to the house of Nana. At the house of Nana, Valji and Narayan were also there. From there, he alongwith Laxman, Valji, Narayan and Babu went to the house of Deva. In the house of Deva, the accused persons were sitting concealed in the `Khaliyan. The accused Jeeva, Manshi, Shambhoo, Prabhu and Dhanji came out. The accused Jeeva was armed with `Kulhari and `Churri. The accused Shambhoo and Manshi were carrying lathis in their hands. Prabhu and Dhanji were carrying stones in their hands. They started hurling stones. Valji sustained stone injury on the leg. The accused Manshi and Shambhoo caught hold Laxman. The accused Jeeva gave a `Kulhari blow on the head of Laxman. The ac-cused Jeeva also stabbed by Churri on the back of Laxman. Thereafter, Dhanji caught hold Valji. They tried to separate them. Jeeva snatched `Kulhari from the hands of Valji and inflicted injury by the handle of `Kulhari on elbow. Jeeva stabbed twice by `Churri at the back of Valji. (6). PW/4 Soma stated that hearing the voice of Deva, he went to his house. He saw that accused Jeeva and all his sons were leaving the house of Deva. On enquiry, Mohan disclosed that Jeeva and his all sons have killed Valji and Laxman. The dead bodies of Laxman and Valji were lying in the `Khaliyan. He also stated that Ward Panch, Nathu went to inform the Police. Thus, this witness is not an eye witness but he reached on the spot just after the incident had taken place. (7). PW/5 Nana stated that on the next date of the last Diwali at about 6 a.m. Mohan, Deva, Valji and Narayan came to his house and asked to him to go to the house of Ward Panch, Nathu. Thereafter Laxman, Babu, Deva and Mohan left house. At about 11 a.m. his son Babu informed him that Valji and Laxman have been killed by the accused Jeeva, Manshi, Prabhu and Dhanji. Thereafter, he went to the house of Deva and found that the dead bodies of Laxman and Valji were lying. There was stab wound caused by `Churri. Thereafter Laxman, Babu, Deva and Mohan left house. At about 11 a.m. his son Babu informed him that Valji and Laxman have been killed by the accused Jeeva, Manshi, Prabhu and Dhanji. Thereafter, he went to the house of Deva and found that the dead bodies of Laxman and Valji were lying. There was stab wound caused by `Churri. Their cloths were smeared with blood. He also stated that Deva, Mohan, Narayan and Soma were sitting on the spot. On enquiry, they disclosed that while they were chewing tobacco, Jeeva and all his four sons committed the said incident. He also stated that land of Narayan was in their possession. The accused persons had cut the trees and taken away. Except the said minor dispute, there was no other major dispute with the accused persons. He also stated that Nathu was sent to inform the Police about the said incident. He also proved various memos prepared by the Police as panch witness. (8). PW/6 Nathu is a witness of various memos prepared by the Police. In the cross examination, he admitted that he is a Ward Panch. He also stated that there was enmity between the parties for the last one year. When he reached on the spot, he found both the dead bodies of Laxman and Valji lying. He had seen injuries on dead bodies. He also stated that he had gone to the Police to inform about the incident. The S.H.O. had written the information on a slip. However, he did not ob-tain his thumb mark on the said slip. He also admitted that the entire house of accused Jeeva had fallen and was completely burned. PW/1 Gautam is a motbir of various police memos. PW/7 Kanhaiyalal and PW/11 Babu Lal are the formal police witnesses. (9). PW/8 Moolchand Vishnoi, S.H.O., Police Station, Gordhan Vilas has given all the details of the investigation. He stated that Nanaji had submitted a written F.I.R. in the village Javla. He inspected the site and prepared the site inspection memo. He has also stated that in pursuance of the information given by the accused persons, different weapons of offence were recovered. In the cross-examination, he has admitted that the houses of the accused persons were completely burned but they could not know who had burned those houses. (10). PW/9 Mangi Lal is a photographer. He has also stated that in pursuance of the information given by the accused persons, different weapons of offence were recovered. In the cross-examination, he has admitted that the houses of the accused persons were completely burned but they could not know who had burned those houses. (10). PW/9 Mangi Lal is a photographer. He has stated that under the instructions of the S.H.O., Gordhan Vilas, he reached on the spot and took the photographs of the place of incident. (11). PW/10 Dr. G.L. Daad stated that he conducted post-mortem of dead body of the deceased Laxman and prepared post-mortem report Ex.P/46. He found following injuries on dead body of Laxman: `1. Stab Wound 3 cm. x 1 cm. x 5.5. c.m. just below left scabula on back of the chest with clean cut margins. On dissection -there is a cut on lower border of left 7th rib with penetrating wound upper border of left lower lung 2.5 cm. x 1 cm. x 2 cm. with haemorrhage blood in pleural.. cavity left side. (12). In his opinion cause of death of Laxman was shock due to internal haemorrhage resulted by injury in lung. He also opined that the said injury was su-fficient to cause sudden death. Dr. G.L. Daad also stated that he performed the post-mortem of the dead body of the deceased Valji and prepared the post-mortem report Ex. P/47. In his opinion cause of death of Valji was shock and haemorrhage resulted by injuries on lung and spleen. He also opined that the said injuries were cause of sudden death. He found following injuries on the dead body of deceased Valji: 1. Stab wound 3 cm. x 1 cm. x 2-1/2 cm. deep on left side of chest lower part posteriorly at posterior auxilary line. On Dissection there is fracture of 10th rib left side with penetrating wound in spleen of size 2.5 cm. x 1 cm. x 2 cm. margins clean cut. 2. Stab wound 3 cm. x 1 cm. x 6 cm. on back of chest below left scapula with clean cut margins on dissection there is cut on upper border of left 8th rib with penetrating wound on lower lobe lung at upper part. 3. Abrasion left cheek near mandible angle 2 x 1.5 cm. (13). The prosecution case mainly rests on two eye-witnesses, namely PW/2 Deva and PW/3 Mohan. on back of chest below left scapula with clean cut margins on dissection there is cut on upper border of left 8th rib with penetrating wound on lower lobe lung at upper part. 3. Abrasion left cheek near mandible angle 2 x 1.5 cm. (13). The prosecution case mainly rests on two eye-witnesses, namely PW/2 Deva and PW/3 Mohan. Main thrust of the argument of the learned counsel is that the uncorroborated testimony of the two alleged eye witnesses is not wholly reliable and conviction of the appellants cannot be sustained. Thus we first take stock of the evidence, other than eye witnesses. So far as the recovery of weapon is concerned, the prosecution has failed to prove that any of the recovered weapon was blood stained. Serologist in report Ex.P/48 opined that there was no blood either on Churri or Kulhari. Lathis were recovered in pursuance of the information given by the accused Prabhu and Shambhoo but, they were not sent to the Serologist. There is no recovery of stones. Thus the evidence of recovery is of no avail to the prosecution. As far as the medical evidence is concerned, post-mortem report Ex.P/46 discloses that injuries on the person of Laxman were caused by sharp edged weapon. Thus there are no injuries caused by lathis or stones. Ex. P/47 is the post-mortem report of the deceased Valji. PW/10 Dr. Daad has stated that injuries No. 1 & 2 were caused by sharp edged weapon. The injury No. 3 was caused by blunt weapon. However, in the cross-examination he has admitted that the third injury could be caused even by fall. Thus there are no injuries caused by lathis or stones. Hence, the medical evidence is relevant so far as the act of the accused Jeeva is concerned. As far as the other accused persons are concerned, the occular testimony does not find corroboration from the medical evidence. (14). Reverting to the testimony of the eye-witness, we have carefully read the statements of PW/2 Deva and PW/3 Mohan. It is stated by PW/2 Deva that at about 11 A.M. while he was at his residence, PW/3 Mohan came to his house and asked him to go to the house of Laxman. From there they again came to his house alongwith Laxman, Valji, Babu and Mohan. It is stated by PW/2 Deva that at about 11 A.M. while he was at his residence, PW/3 Mohan came to his house and asked him to go to the house of Laxman. From there they again came to his house alongwith Laxman, Valji, Babu and Mohan. While they were preparing themselves for going to the house of Ward Panch, the accused persons arrived there and started hurling stones. Another eye-witness PW/3 Mohan has stated that he went to the house of Deva, then both of them went to the house of Nana, Valji and Narayan also arrived there. Thereafter he alongwith Laxman, Valji, Narayan and Babu returned to his house. He also stated that the accused persons concealed themselves in the `Khaliyan. They came out of the `Khaliyan PW/5 Nana has stated that at about 5 A.M. Mohan, Deva, Valji and Narayan came to his house and asked him to accompany him in the house of Ward Panch, Nathu. Thereafter, Laxman, Babu, Deva and Mohan left house. Close scrutiny of these witnesses will show that there is inconsis-tency in the version as to how the complainant party assembled in the morning and how the quarrel ensued. It may also be noticed that Deva has stated that Jeeva gave a `Kulhari blow by handle of it. Prosecution has not proved any injury on the person of Deva. Similarly, PW/3 Mohan has stated that Jeeva snatched Kulhari from Valji and inflicted injury on his elbow by handle of the Kulhari. But the prosecution has not produced any evidence to show that Jeeva had sustained any injury on the elbow. It is also significant to notice that it has been admitted by PW/3 Mohan that the deceased Valji was also armed with `Kulhari at the time of incident. It has been admitted by all the prosecution witnesses that the houses of the accused persons were burned. It has not been explained as to how the houses of the accused per-persons were burned. Thus, we are of the view that witnesses of PW/2 Deva and PW/3 Mohan are not wholly reliable witnesses. It is not safe to uphold the conviction of the appellants except Jeeva, on the uncorroborated testimony of the said witnesses. Consequently appellants Prabhu, Manshi and Shambhoo are entitled to be given benefit of doubt and they are acquitted of the charge of murder of Laxman and Valji. (15). It is not safe to uphold the conviction of the appellants except Jeeva, on the uncorroborated testimony of the said witnesses. Consequently appellants Prabhu, Manshi and Shambhoo are entitled to be given benefit of doubt and they are acquitted of the charge of murder of Laxman and Valji. (15). So far as the accused Jeeva is concerned, PW/2 Deva and PW/3 Mohan are consistent in their statements that he gave a `Kulhari blow on the head of Laxman and stab `Churri at his back. This part of the evidence is corroborated by the medical evidence. Post-mortem report Ex.P/46 shows injuries on the head and back of the dead body of Laxman caused by sharp edged weapon. Both the witnesses have also stated that Jeeva stabbed twice at the back of the deceased Valji. This fact is corroborated by the medical evidence. Post-mortem report Ex.P/47 shows injuries caused by sharp edged weapon on the back. The manner in which the incident has taken place and looking to the nature of the injury, it cle-arly appears that the accused Jeeva intended to commit murder of Laxman and Valji. The accused Jeeva has rightly held guilty of the charge of murder of Laxman and Valji. Thus we uphold the conviction of the appellant Jeeva. (16). In view of the aforesaid the appeal is partly allowed. Conviction and sentence awarded to the appellant Jeeva is upheld. he is in jail. He will serve out the remaining part of the sentence. The appellants Prabhu and Manshi are acquitted of the charges levelled against them. They were granted bail by this court but it appears that on account of poverty they could not furnish bail bonds and, therefore, they are still in jail. They shall be released forthwith if not required in any other case. The accused Shambhoo is on bail, his bail bond stands cancelled.