JUDGMENT - VISHNU SAHAI, J.:---Through this appeal, the appellants have challenged the judgment and order dated 19-7-1995 passed by the Sessions Judge, Sangli, in Sessions Case No. 9 and 92 of 1994, convicting and sentencing them in the manner stated hereinafter :--- (A) All under section 302 read with 34 I.P.C. to imprisonment for life; (B) Shankar Anna Khot and Balaso @ Prahlad Bhimrao Koli under section 323 read with 34 I.P.C. to two months R.I. ; (C) Shankar Anna Khot under section 506 I.P.C. to three months R.I. The substantive sentences of the appellants Shankar Anna Khot and Balaso @ Prahlad Bhimrao Koli were directed to run concurrently. 2. In short, the prosecution case runs as under :--- The informant Kamal Jagannath Desai P.W. 12 is the wife of the deceased Jagannath Desai. She lived along with her husband in a house situated at a distance of five to six paces from that wherein the appellants Anna Khot and his son Shankar Khot lived in village Shirate, District Sangli. Balaso Khot the third appellant is a friend of the above appellants. Shortly, before the incident when the deceased Jagannath Desai started constructing his house, Appellant - Anna Khot objected and asked him to leave a space of six feet and there after commence the construction. However, the dispute between Jagannath Desai and Anna Khot was resolved by Kumar Desai P.W. 13 (brother of the deceased) and some others, in terms that Jagannath Desai should commence the construction after leaving a space of three feet. It is alleged that during the construction of the said house, Anna Khot objected five to six times and he used to abuse Jagannath Desai and the informant. On 4-10-1993, at about 2 p.m. the daughters of the appellant - Shankar Khot were playing near the water tap in front of the informant's house and were throwing stones on the pipe line. Her husband Jagannath Desai asked them to play at some other place. In that, Shevanta Khot and Kusum Khot wives of the appellants Anna Khot and Shankar Khot respectively, came to the Court-yard of the informant; hurled abuses on her; caught hold of her hair; and inflicted blows with kicks and fists on her. Shamrao Desai and Balasaheb Desai P.W. 11 intervened and rescued the informant. In that, Shevanta Khot and Kusum Khot wives of the appellants Anna Khot and Shankar Khot respectively, came to the Court-yard of the informant; hurled abuses on her; caught hold of her hair; and inflicted blows with kicks and fists on her. Shamrao Desai and Balasaheb Desai P.W. 11 intervened and rescued the informant. About the same time, the daughters of the informant namely Sarita, Savita, Sunita and Anita came from the school in the recess. The informant gave them lunch. Thereafter, excepting Anita, they went away to the school. At about 3 p.m. the informant, her husband Jagannath Desai and her daughter Anita proceeded for their field. When they had reached the field of Ramdas Desai, Jagannath Desai along with Anita took the cattle at the Nala for drinking water. The informant cleaned the cattle-shed and when she was about to go to cut the grass, for the cattle, she noticed Jagannath near the field of Ramdas Desai along with cattle heard noise from the said field. She noticed that the appellants - Anna Khot and Shankar Khot had caught hold of her husband Jagannath Desai and the appellant Balaso Koli was pushing him. She heard the appellants asking her husband whether he would give abuses and the latter replying in the negative. She noticed that the appellant Shankar Khot inflicted axe blows on the head, neck, shoulder and right leg of Jagannath and the appellant - Balaso Koli inflicted knife blows near the shoulder, back and chest of Jagannath. She became perolexed and started running towards her husband Jagannath. At that time, Shankar Khot pushed her and thereafter he and the appellant Balaso Koli kicked her. At that time, Kumar Desai P.W. 13, brother of Jagannath, who was in his field heard the cries from Ramdas Desai's field and reached there in time to see the said appellants assaulting her. The appellants-Shankar Khot who was holding an axe told him that if he went ahead, he would be dealt with. Consequently, he did not proceed. Thereafter, the appellants ran away. Thereafter, Kumar Desai P.W. 13 told the informant and her daughter Anita to wait there and himself proceeded to village Shirate to inform persons about the incident. On learning about the incident, a number of persons came. At about 6.30 to 7 p.m. Kumar Desai brought the informant and her daughter to village Shirate. Thereafter, the appellants ran away. Thereafter, Kumar Desai P.W. 13 told the informant and her daughter Anita to wait there and himself proceeded to village Shirate to inform persons about the incident. On learning about the incident, a number of persons came. At about 6.30 to 7 p.m. Kumar Desai brought the informant and her daughter to village Shirate. Two hours later, in a jeep, he took the informant along with Anita to Islampur Police Station. 3. The F.I.R. of the incident was lodged by Kamal Desai, P.W. 12 at about 9.45 to 10 p.m. the same day at Police Station Islampur. It was reduced into writing by P.S.I. Ramchandra Raskar P.W. 16 who on its basis registered an offence at 10.30 p.m. at Islampur Police Station. 4. The investigation was conducted in the usual manner by P.S.I. Raskar. On 5-10-1993 at 0.30 hours, he with the help of Kumar Desai P.W. 13, saw the place where the corpse of Jagannath Desai was lying. He prepared the panchnama of the corpse. He searched for the accused at night but, they could not be traced. He searched their houses but, nothing incriminating could be found. On 5-10-1993, at about 8 a.m. he prepared the spot panchanama and seized from the spot blood stained and plain earth. Same day, he recorded the statements of Kamal Desai, Balaku Desai and some others as also the supplementary statement (Statement under section 161 Cri.P.C.) of Kamal Desai. He sent the corpse for autopsy same day, at about 4 p.m. Police Constable Buckle No. 997 produced the appellant - Anna Khot before him and he took him into custody. On 28-12-1993, he sent the seized articles to the Chemical Analyst. On 31-12-1993, he submitted the charge sheet against the appellants - Anna Khot and showed in it, other two appellants namely Shankar Khot and Balaso Koli as absconding. On 19-4-1994, they were arrested. On 28-4-1994, the appellant - Shankar Khot showed willingness to get the weapon of assault namely an axe recovered. Consequently, he recorded the said willingness under a panchanama in the presence of public panchas Sayaji Jadhav P.W. 7 and Mahadeo Patil P.W. 10. Thereafter, along with the said panchas and Shankar Khot, he proceeded to his basti at Ramling Bet where in the presence of the panchas, appellant Shankar Khot took out an axe, which was buried in earth, from near the cudwall. Thereafter, along with the said panchas and Shankar Khot, he proceeded to his basti at Ramling Bet where in the presence of the panchas, appellant Shankar Khot took out an axe, which was buried in earth, from near the cudwall. The said axe was seized by him under a panchanama. After completing the investigation, P.S.I. Raskar filed a supplementary charge sheet against the appellants Shankar Khot and Balaso Koli. 5. Going backwards, the injuries of Kamal Desai P.W. 12 were medically examined on 5-12-1993 by Dr. Vijarkumar Hanamsagar P.W. 1 who found on her person the following injuries :--- "1. Tenderness at the neck region, posteriorly. 2. Tenderness at the left thigh region, laterally." In the opinion of the doctor, the said injuries could have been caused by a hard and blunt object but, their age could not be given. In his cross - examination, he admitted that they could be self - inflicted. 6. Again going backwards, the autopsy on the corpse of Jagannath Desai was conducted on 5-10-1993 by Dr. Dilip Savant P.W. 2 who found on it the following ante-mortem injuries :--- "1. Incised wound left parietal region oblique scalp deep 3 cm x 1/2 cm Blood clots were present. 2. Incised wound scalp deep on mentum vertical 2 cm x 1/2 cm blood clots present. 3. Incised wound lower third of right leg 4 cm x 1/2 cm. tibia cut with sharp edges. Blood clots present. 4. Incised wound Right cervical region 7.5 cm x 2 cm deep up to spine. Right curotid, sub-clavin cut. Blood clots present. 5. Incised wound right shoulder - anterior aspect, Vertical 1 cm x 2 cm skin deep. Blood clots present. 6. Incised wound - Right Sub clavicular region 2 cm. x 2 cm Blood clots present. 7. Abrasion - left shoulder, superior aspect. 1 cm x 1/2 cm Red crust is present. 8. Abrasion - Right scapula 2 cm x 1/2 cm Red crusting present." In the opinion of the Autopsy Surgeon injury No. 4 was fatal and both individually and cumulatively along with injury Nos. 1 to 3 and 5 and 6 was sufficient in the ordinary course of nature to cause death. The Autopsy Surgeon also stated that injury Nos. 1 to 6 could be caused by a hard and sharp object like axe; injury Nos. 5 and 6 by a small knife; and injury Nos. 1 to 3 and 5 and 6 was sufficient in the ordinary course of nature to cause death. The Autopsy Surgeon also stated that injury Nos. 1 to 6 could be caused by a hard and sharp object like axe; injury Nos. 5 and 6 by a small knife; and injury Nos. 1 to 4 could not be caused by a knife. 7. The case was committed to the Court of Sessions in the usual manner, where the appellants were charged for offences punishable under sections 302 r/w 34 I.P.C. and 506 r/w 34 I.P.C. They pleaded not guilty to the charges and claimed to be tried. Their defence was that of denial. During trial, in all the prosecution examined 16 witnesses. The solitary eye-witness of the incident Kamal Desai was examined as P.W. 12. In defence, no witness was examined. The learned trial Judge believed the evidence adduced by the prosecution and convicted and sentenced the appellants in the manner stated above. Hence, this appeal. 8. We have heard Mr. R.R. Salvi for the appellants and Mr. A.M. Shringarpure, Additional Public Prosecutor for the respondent. We have also perused the depositions of the prosecution witnesses; the material Exhibits tendered and proved by the prosecution; the statement of the appellants recorded under section 313 Cri.P.C.; and the impugned judgment. After the utmost circumspection, we have reached the conclusion that this appeal deserves to be partly allowed in-as-much as the appellant Balaso @ Prahlad Bhimrao Koli deserves to be acquitted and the conviction of the appellant - Anna Krishna Khot warrants to be altered from section 302 r/w 34 I.P.C. to one under section 304(2) read with 34 I.P.C. 9. The crucial evidence in the instant case is that of the informant Kamal Desai P.W. 12 the wife of the deceased. It is on the basis of the recitals contained in her examination - in - chief that we have set out the prosecution story in para 2. In short, she stated that on account of her husband Jagannath Desai constructing a house, the appellants Anna Khot and Shankar Khot who lived about six paces away nursed a grudge against her husband. We have furnished the details of the said enmity in para 2 above. In short, she stated that on account of her husband Jagannath Desai constructing a house, the appellants Anna Khot and Shankar Khot who lived about six paces away nursed a grudge against her husband. We have furnished the details of the said enmity in para 2 above. She stated that on the date of the incident at about 2 p.m. the daughters of the appellant - Shankar Khot were playing near the water tap in front of her house and were throwing stones on the pipe line. Her husband Jagannath Desai asked them to play at some other place. On that, Shevanta Khot and Kusum Khot, wives of the appellants - Anna Khot and Shankar Khot respectively, came to the Court - yard of the informant; hurled abuses on her; caught hold of her hair; and inflicted blows with kicks and fists on her. Shamrao Desai and Balasahab Desai P.W. 11 intervened and rescued her. About the same time, her daughters Sarita, Savita, Sunita, and Anita came from the school in the recess. She gave them lunch. Thereafter, excepting Anita, they went away to the school. At about 3 p.m. she, her husband Jagannath Desai and her daughter Anita proceeded for their field. When they had reached the field of Ramdas Desai, Jagannath Desai along with Anita took the cattle at the Nala for drinking water. She cleaned the cattle - shed and when she was about to go to cut the grass, for the cattle, she noticed Jagannath Desai near the field of Ramdas Desai along with the cattle and heard noise from the said field. She turned around and saw the appellants Anna Khot and Shankar Khot catching hold of Jagannath and Balaso Koli pushing him. She thereafter, saw that Shankar Khot inflicted axe blows on the head, neck, shoulder and right leg of Jagannath and Balaso Koli inflicted knife blows on the shoulder, neck and back side of Jagannath. At that time, Shankar Khot pushed her backwards making her fall on the ground and thereafter, he and Balaso kicked her, while they were doing so, Kumar Desai P.W. 13 brother of her husband Jagannath came. Thereafter, the appellants ran away. 10. We have examined the said statement of Kamal Desai P.W. 12 with caution because not only she is the wife of the deceased but, claims to be injured herself. Thereafter, the appellants ran away. 10. We have examined the said statement of Kamal Desai P.W. 12 with caution because not only she is the wife of the deceased but, claims to be injured herself. After so doing, we find it difficult to accept her claim that the appellant Balaso participated in the incident. She has attributed the use of knife to him, and categorically stated that he inflicted knife blows near the shoulder, back and chest of Jagannath. During the course of her cross - examination, in para 44, she categorically stated that he gave knife blows in a piercing manner. Earlier we have verbatim set out the ante-mortem injuries suffered by the deceased. Their perusal shows that the first six were incised wounds and the last two were abrasions. We have also earlier referred to the evidence of the Autopsy Surgeon Dr. Savant who in his examination in - chief has stated thus :--- (a) injury Nos. 1 to 6 could be caused by a weapon such as axe; (b) injury Nos. 5 and 6 could be caused by a small knife ; (c) injury Nos. 1 to 4 are not possible by a knife. A perusal of the said statement would show that Kamal Desai's statement that the appellant Balaso Koli inflicted knife blows on back is false because, neither injury number 5 nor 6 were on the back. Her statement that knife was used in a piercing manner is also false, because no penetrating or stab wound was found on the corpse of the deceased. On the face of these facts, bearing in mind that the evidence of Dr. Savant shows injury Nos. 5 and 6 could be caused by an axe and the circumstance that the appellant - Balaso Koli had no enmity with the deceased, which would explain his assaulting him, in our view, it would be very unsafe to accept his participation on the solitary statement of Kamal Desai. 11. We however, feel that Kamal Desai's (P.W. 12) evidence with respect to the participation of the appellants Anna Khot and Shankar Khot is credit worthy. She has assigned Anna Khot the role of catching hold of the deceased while he was being assaulted. Her evidence also shows that he had a very strong motive to participate in the offence. 11. We however, feel that Kamal Desai's (P.W. 12) evidence with respect to the participation of the appellants Anna Khot and Shankar Khot is credit worthy. She has assigned Anna Khot the role of catching hold of the deceased while he was being assaulted. Her evidence also shows that he had a very strong motive to participate in the offence. Her evidence with respect to Shankar Khot's participation is corroborated by medical evidence and receives assurance from the recovery of an axe on his pointing out, an existence of strong motive on his part to commit the crime. In her examination - in - chief Kamal Desai stated that the appellant - Shankar Khot inflicted axe blows on the head, neck, shoulder and right leg of her husband and the ante mortem injuries of Jagannath Desai which we have reproduced earlier and the evidence of the Autopsy Surgeon Dr. Savant to which we have referred to earlier, corroborates this. As we have earlier observed, the first six injuries sustained by the deceased, were incised wounds and in the opinion of the Autopsy Surgeon Dr. Savant, they could be caused by an axe. In addition to this, we find that pursuant to his arrest, on the pointing out of this appellant, an axe was recovered, in the presence of the public panchas Sayaji Desai P.W. 7 and Mahadeo Patil P.W. 10 from the rear side of cudwall of his basti. We have examined the evidence of the said panchas. It is true that they have turned hostile but, we see no reason to disbelieve the evidence of P.S.I. Raskar in whose presence the said recovery was made. Although P.S.I. Raskar was subjected to an extensive cross - examination but, nothing could be extracted therefrom which would discredit the credibility of P.S.I. Raskar. Way back in the year 1956 in the case in A.I.R. 1956 Supreme Court, page 217 (Aher Raja Khima v. State of Saurashtra)1, the Supreme Court held that the presumption that a person acts honestly applies equally to a Police Officer and it is not a sound approach to view the evidence of a Police Officer with suspicion. We accept the evidence of P.S.I. Raskar. Since there are axe injuries on the corpse of the deceased, we find this recovery to be a highly incriminating circumstance against the said appellant. 12. We accept the evidence of P.S.I. Raskar. Since there are axe injuries on the corpse of the deceased, we find this recovery to be a highly incriminating circumstance against the said appellant. 12. It is pertinent to mention that Kamal Desai P.W. 12 is a highly natural witness of the incident. She explained her presence on the place of the incident in the manner stated in para 2. Her claim of having seen the incident is probablised by the circumstance that the F.I.R. of the incident was lodged by her very promptly As mentioned earlier, the incident took place between 3.30 to 4 p.m. on 4-10-1994 and the F.I.R. was lodged same day at about 10 p.m. In the said F.I.R. the appellants - Anna Khot and Shankar Khot are named and their individual overt acts of catching hold of the deceased and of assaulting him with axe, respectively, have also been specified. The circumstance that names of the appellants coupled with their specific overt acts, have been set forth in the F.I.R. which was lodged in about six hours after the incident took place is a clinching corroborative evidence in respect of the participation of the said appellants. 12.A Assurance is also lent to her testimony by the existence of a strong motive vis-a-vis the appellants - Shankar Khot and Anna Khot to commit the crime. We have referred to that strong motive in para 2, above. The motive is of a two - fold nature :--- (i) The enmical relations between the said appellants and the deceased because, the latter some months before the incident had constructed a house and the former wanted him to leave a space of about six feet between their house and the house which the deceased was constructing; (ii) the immediate motive which led to the incident namely that on the date of the incident, at 2 p.m. daughters of the appellants Shankar Khot were playing near the water tap and were damaging the pipe line and when the deceased asked them not to play, the wife and mother of the appellant - Shankar Khot abused the informant, caught hold of her hair and inflicted blows with kicks and fists on her person; In respect of both these motives, we have the evidence of the informant and Balasahab Desai P.W. 11. We find that their evidence inspires confidence. We find that their evidence inspires confidence. The latter rescued the informant when she was being assaulted by the wives of the appellants Anna Khot and Shankar Khot. 13. There can be no manner of doubt that the offence committed by the appellant Shankar Khot would fall squarely within the four corners of clause thirdly of section 300 I.P.C., the breach of which is punishable under section 302 I.P.C. Clause thirdly of section 300 I.P.C. provides that culpable homicide is murder "if an act is done with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death, or". For the application of the said clause, two pre - requisites have to be satisfied:--- (a) that there should be an intention to inflict the injuries which have been inflicted (in contradiction to their being accidental) (b) the injuries inflicted should be sufficient in the ordinary course of nature to cause death. In the instant case, the evidence of Kamal Desai P.W. 12 shows that the appellant - Shankar Khot intentionally inflicted axe blows on the vital parts of the body of the deceased and that of the Autopsy Surgeon Dr. Dilip Sawant P.W. 2 shows that injury No. 4, both separately as also cumulatively with injury Nos. 1 to 3 and 5 to 6 was sufficient in the ordinary course of nature to cause death. 14. The sole question which remains is whether an offence under section 302 r/w 34 I.P.C. is made out against the appellant - Anna Khot. Our answer to that is in the negative. The prosecution case as has been accepted by us is that there was enmity between him and his son Shankar Khot on one side and the deceased on the other side. On the date of the incident at about 3.30 to 4 p.m. he caught hold of the deceased and enquired from him whether he would abuse, and thereafter, Shankar Khot inflicted axe blows on the deceased. As we have mentioned earlier, the participation of the appellant - Balaso Koli is not free from doubt. On the date of the incident at about 3.30 to 4 p.m. he caught hold of the deceased and enquired from him whether he would abuse, and thereafter, Shankar Khot inflicted axe blows on the deceased. As we have mentioned earlier, the participation of the appellant - Balaso Koli is not free from doubt. On the said factual matrix, we feel that it would be reasonable to infer that when appellant Anna Khot caught hold of the deceased, he had the knowledge of his death contemplated by section 304(2) read with 34 I.P.C. Our view is fortified by the decision of the Supreme Court reported in A.I.R. 1977 Supreme Court page 2252 (Bhabhananda Sharma v. State of Assam)2. A perusal of the said decision would show that Bhabha nanda, Phanidhar and Harendra Nath were tried for offences punishable under section 302 r/w 34 I.P.C. and 323 r/w 34 I.P.C. and were acquitted by the trial Court. The State of Assam preferred an appeal against their acquittal in the Assam High Court which sentenced them to life imprisonment for the offence under section 302 r/w 34 I.P.C. They preferred an appeal against their convictions and sentences in the Supreme Court which upheld the convictions and sentences of Phanidhar and Harendranath but, converted the conviction of Bhabananda from section 302/34 I.P.C. to one under section 304(2) read with 34 I.P.C. and sentenced him to seven years, for the reasons mentioned in paras 1, 4 5 and 6. A perusal of the said paragraphs shows that Bhabha nanda with a lathi, his brothers Phanidhar and Harendranath with lathi and iron rod respectively chased the deceased Shashi Mohan. Bhabhananda caught hold of his hand from behind and thereafter Phanidhar and Harendranath inflicted blows on him with a wooden hammer and a iron rod. Next day, Shashi Mohan died as a result of the severe injuries which he had suffered. Bhabhananda caught hold of his hand from behind and thereafter Phanidhar and Harendranath inflicted blows on him with a wooden hammer and a iron rod. Next day, Shashi Mohan died as a result of the severe injuries which he had suffered. On these facts, the Supreme Court invoking section 38 I.P.C. which provides that "where several persons are engaged or concerned in the commission of a criminal act, they may be guilty of different offences by means of that act." held that the offence made out against Bhabhananda Sharma would be one under section 304(2) read with section 34 I.P.C. In para 6, it held that the said offence would be made out against him because, he had intentionally joined in the commission of an act with the knowledge that the assault on Shashi Mohan was likely to result in his death. In our view, the ratio laid down in the said case is squarely applicable to the present case. 15. Since we are going to acquit the appellant - Balaso @ Prahlad Bhimrao Koli on all the counts and the appellant - Anna Krishna Khot under section 302 r/w 34 I.P.C., the conviction of the appellant - Shankar Anna Khot would have to be altered from one under section 302 r/w 34 I.P.C. to that under section 302 I.P.C. and that under section 323 r/w 34 I.P.C. to 323 I.P.C. It is true that the appellant - Shankar Anna Khot was not charged under section 302 and 323 I.P.C. but, in our view since there is distinct evidence that he inflicted injuries on the person of the deceased which were sufficient in the ordinary course of nature to cause death and injures on Kamal Desai P.W. 12 by means of kicks and fists and the said evidence has been put to him in his statement recorded under section 313 Cri.P.C., no prejudice would be caused by the said conversion. 16. In the result, this appeal is partly allowed. We give the appellant - Balaso @ Prahlad Bhimrao Koli the benefit of doubt and set aside his convictions and sentences on all the counts namely under sections 302 read with 34 I.P.C. and 323 r/w 34 I.P.C. and acquit him thereunder. He is in jail and shall be released forthwith unless wanted in some other case. We give the appellant - Balaso @ Prahlad Bhimrao Koli the benefit of doubt and set aside his convictions and sentences on all the counts namely under sections 302 read with 34 I.P.C. and 323 r/w 34 I.P.C. and acquit him thereunder. He is in jail and shall be released forthwith unless wanted in some other case. We convert the conviction of the appellant Anna Krishna Khot from one under section 302 r/w 34 I.P.C. to that under section 304(2) read with I.P.C. and sentence him to undergo seven years R.I. thereunder. He is on bail and shall be taken into custody forthwith to serve out his sentence. We confirm the conviction and sentence of appellant Shankar Anna Khot for the offence under section 506 I.P.C. but alter his conviction from section 302 r/w 34 and 323 r/w 34 I.P.C. to one under section 302 and 323 I.P.C. and direct him to serve a sentence of imprisonment for life and two months R.I. respectively thereunder. The said sentences shall run concurrently with his sentence for the offence under section 506 I.P.C. Appeal partly allowed. -----