Judgment: Ajit Singh, J. 1. Appellants Lalu alias Nazeer, Kausar Bi and Mohsin alias Yasin have been convicted under Section 302/34 of the Indian Penal Code and sentenced to rigorous imprisonment for life with fine stipulation. One more appellant, Zahir was also convicted and sentenced alike but he died during the pendency of appeal and hence his name has been deleted from the cause title. The victim of the incident was Abdul Hameed aged about 40 years. He was married to Ashia (P.W. 5) and Sammo (P.W. 6) is her sister. Also Moin alias Moinuddin (P.W. 8) is his brother-in-law. 2. The case of prosecution was that on 29-12-2000 at about 2.00 p.m. Zahir went to the house of Abdul Hameed on a scooter to bring him to his house. But Abdul Hameed asked Zahir to meet him later in the evening at his in-laws place where he would be going. Zahir, therefore, went to that place and brought Abdul Hameed to his house on a scooter. And in his house, Zahir along with Lalu, Kausar Bi and Mohsin committed the murder of Abdul Hameed by causing multiple injuries to him with sharp-edged weapons. Kausar Bi is wife of Zahir whereas Lalu is his brother and they lived together in the same house. Mohsin is known to Zahir. At the time when injuries were being caused to Abdul Hameed, Abdul Majid (P.W. 12) asked Lalu and Zahir not to cause injuries but they chased him out. Abdul Majid then went to Moinuddin and informed him about the incident. Moinuddin, in turn, requested Abdul Majid to lodge the police report, Abdul Majid, therefore, went to Police Station; Garha, Jabalpur, and lodged the First Information Report against Lalu, Kausar Bi, Mohsin and Zahir. The police immediately rushed to the spot and found the dead body of Abdul Hameed there, with injuries all over. 3. Dr. J.L. Sehgal (P.W. 14) conducted the post-mortem examination on the dead body of Abdul Hameed. He found nine incised, four chopped and three stab wounds on the body. He opined that the injuries were caused by heavy sharp cutting objects and sharp cutting penetrating objects. According to him, the cause of death of Abdul Hameed was homicidal due to multiple injuries. During investigation, the police recorded the statements of number of witnesses including Saira Bano (P.W. 4). He opined that the injuries were caused by heavy sharp cutting objects and sharp cutting penetrating objects. According to him, the cause of death of Abdul Hameed was homicidal due to multiple injuries. During investigation, the police recorded the statements of number of witnesses including Saira Bano (P.W. 4). The police also seized blood-stained baka, shoes socks and some pieces of burnt clothes from the possession of Lalu pursuant to his memorandum. These articles were then sealed and sent to Forensic Science Laboratory, Sagar, for their chemical analysis. 4. Abdul Majid is an eye witness to the incident. He had also lodged the First Information Report after informing the incident to Moinuddin. According to Abdul Majid, he had gone to the locality, where Lalu and Zahir lived to meet his relative on the eve of ld. And on hearing the commotion from the house of Lalu he went there and saw Abdul Hameed being brutally assaulted by Lalu and Zahir with baka and knife. According to his evidence, at that time, Kausar Bi and Mohsin were also present in the house but they were empty handed. Abdul Majid further says that when he asked Lalu and Zahir not to cause injuries to Abdul Hameed, they chased him out. According to Abdul Majid, after some time, Lalu, Kausar Bi, Mohsin and Zahir left their house whereupon he went inside and saw Abdul Hameed lying dead. This witness was subjected to lengthy cross-examination but nothing was brought out to discredit his evidence. 5. Moinuddin has corroborated the evidence of Abdul Majid. According to Moinuddin, Abdul Majid had immediately come to him and narrated the incident. He also says that on his request Abdul Majid went to police station to lodge the report. Not only this Saira Bano, who was examined as eye witness, in her examination-in-chief testified that she saw Lalu, Zahir and Mohsin chasing out Abdul Majid from their house and at that time, they were armed with weapons. Saira Bano lives 2/3 houses away from the house of Lalu and Zahir. Her this evidence clearly establishes that Abdul Majid did see the incident and was chased out by the assailants from their house. 6. The dead body of Abdul Hameed was admittedly found in the house of Lalu and Zahir in which Kausar Bi also lived. Saira Bano lives 2/3 houses away from the house of Lalu and Zahir. Her this evidence clearly establishes that Abdul Majid did see the incident and was chased out by the assailants from their house. 6. The dead body of Abdul Hameed was admittedly found in the house of Lalu and Zahir in which Kausar Bi also lived. No explanation has been given by them regarding the homicidal death of Abdul Hameed in their house. The postmortem examination report of Abdul Hameed reveals that injuries were caused to him by different nature of weapons. It, therefore, means that. Abdul Hameed was done to death by more than one person. And, as already mentioned above, Abdul Majid has testified that he saw Lalu and Zahir causing injuries to Abdul Hameed with baka and knife. It is thus, established beyond doubt that Lalu and Zahir committed the murder of Abdul Hameed in their house. 7. There is yet one more evidence against Lalu in the form of recovery of blood-stained baka and socks from his possession. The reports (C1 and C2), of the chemical analyst confirmed the presence of human blood on baka, shoes and socks seized from his possession. 8. Although the Trial Court has believed Saira Bano as eye witness, we have our own doubt that she really saw the incident. She in her examination-in- chief only said that she saw Abdul Majid being chased away by Lalu, Zahir and Mohsin from their house and at that time they were armed. She was then declared hostile by the prosecution and when cross-examined she claimed to have seen Lalu, Kausar Bi, Mohsin and Zahir causing injuries to Abdul Hameed. But she did not disclose to police about the incident when it arrived at the spot. According to her, she narrated the incident to police as eye witness only after three days. Her explanation that she felt terrified for three days in disclosing the incident is unacceptable because according to her own evidence she had again visited the spot when the police arrived there and was investigating the crime. Not only this, Saira Bano has also admitted that on the report of Lalu, she is facing trial at least in two criminal cases for an offence under Section 324 of the Indian Penal Code. Not only this, Saira Bano has also admitted that on the report of Lalu, she is facing trial at least in two criminal cases for an offence under Section 324 of the Indian Penal Code. Therefore, the possibility of giving false evidence by her against Lalu and his family members cannot be ruled out. As already mentioned above, Abdul Majid has said that only Lalu and Zahir had caused injuries whereas according to her all of them had caused injuries to Abdul Hameed. We, therefore, do not agree with the Trial Court that Saira Bano saw Lalu, Zahir, Kausar Bi and Mohsin committing the murder of Abdul Hameed. 9. Abdul Majid has not alleged that Kausar Bi and Mohsin caused any injury to Abdul Hameed. Kausar Bi is wife of Zahir. Likewise, Mohsin is their relative. They were, thus, present in the house. But it cannot be held that they shared common intention with Lalu and Zahir to commit the murder of Abdul Hameed. We accordingly set aside their conviction and sentence as imposed by the Trial Court. 10. In the result, we affirm the conviction and sentence of Lalu as imposed by the Trial Court. Zahir has already died and this appeal stands abated against him. Kausar Bi and Mohsin are acquitted of the charges. They are on bail and need not surrender to custody. The appeal is partly allowed.