JUDGMENT : Biren Vaishnav, J. 1. This appeal is filed against the judgment and order dated 30.06.2012 passed by the learned Sessions Judge, Rajpipla. Vide judgment and order dated 30.06.2012, the appellant-accused has been convicted and sentenced to undergo life imprisonment for offences punishable under sections 302, 452, 506(2) and section 135 of the Bombay Police Act. 2. The case of the prosecution as per the charge at Exh.50 is that between 10:00 am and 4:00 pm on 08.03.2012, the accused Pravinbhai @ Pavo Prabhatbhai Tadavi entered the house of the deceased Manilal Devjibhai Tadavi and inflicted blows with an axe which he was carrying. Due to the injuries so sustained by Manilal, he succumbed to the injuries. Offences, therefore, under section 302 read with section 352, and section 506(2) of IPC were registered and the accused was therefore charged for the said offences. 3. Ramilaben, wife of the deceased Manilal, lodged the first information report on 08.03.2012. According to her version in the complaint, she left the house at 10:00 in the morning to graze the cattle with one Balubhai Khushalbhai and Gopalbhai Mathurabhai Tadavi. When she returned at 4:00 pm in the evening, she saw neighbours having gathered outside her house. She saw Pravinbhai coming out of his house with a blood stained axe. The accused, according to the complainant, told that she should go inside her house and see what happened. On being so informed when she went inside her house, she saw her husband lying in a pool of blood on the cot having sustained injuries on his neck and below the right ear and he was profusely bleeding. Manilal had already succumbed to the injuries. She came out of her house at which point of time, Pravinbhai, the accused told her that he had killed her husband and she would meet the same fate. According to the complainant, the motive behind the incident was that deceased Manilal used to intervene when Pravin and his wife Seeta used to quarrel. He suspected that Manilal had illicit relations with his wife Seeta. 4. Complainant Ramilaben has been examined as PW-8 at Exh.26. She in her testimony has stated that on 08.03.2012 when she left the house at 10:00 in the morning and returned at 4:00 in the evening, she found neighbours outside her house. Amongst the neighbours who had gathered there, Pratapbhai and Ramilaben Bhailal were present. 4. Complainant Ramilaben has been examined as PW-8 at Exh.26. She in her testimony has stated that on 08.03.2012 when she left the house at 10:00 in the morning and returned at 4:00 in the evening, she found neighbours outside her house. Amongst the neighbours who had gathered there, Pratapbhai and Ramilaben Bhailal were present. While she was standing in the varandah of the house, the accused Pratapbhai came out and told her that he had killed his uncle and that she would meet the same fate. The neighbours gathered there stopped him and he therefore went back to his house. She further stated in her testimony that when she returned at 4 in the evening Ramilaben Bhailal informed her that she had seen accused Pravinbhai come out of her house with a blood stained axe, she immediately went into the house and saw Manibhai lying in a pool of blood. She saw that her husband had sustained serious injuries on the neck and had died due to the injuries so sustained as a result of being attacked with an axe. Her husband was shifted to the Tilakvada Government Hospital and then she lodged the first information report at Exh.27. The complainant in her testimony stated that Pravinbhai and his wife Seetaben were always fighting and therefore Manilal used to intervene and mediate. Pravinbhai suspected that Manilal had illicit relations with Seeta. She identified the muddamal article 6, the axe. This witness has been cross-examined. The defence tried to put suggestion to her that Manilal was in a state of intoxication. In her cross examination she admitted that Pravinbhai's house was next to her. Ramilaben's house was also next to her. In her cross examination she further stated that when she came out and shouted, the neighbours had gathered. Manilal's elder brother Naranbhai arrived at 4.45 in the evening and thereafter the complaint was lodged. In her cross examination, she admitted that Ramilaben Bhailalbhai was at home and it was her husband who was out for doing labour work. She denied a suggestion that Ramilaben, her neighbour would not have witnessed the fact of Pravinbhai coming out of the house as her house was next to her. 5. Ramilaben Bhailalbhai has been examined at Exh.29 as PW-9. She denied a suggestion that Ramilaben, her neighbour would not have witnessed the fact of Pravinbhai coming out of the house as her house was next to her. 5. Ramilaben Bhailalbhai has been examined at Exh.29 as PW-9. According to her on 08.03.2012, at around 4:00 in the evening when her husband was out for casual labour, she was outside her house. She saw the accused coming out of Manilal's house with a blood stained axe. When she saw Pravinbhai coming out of Manilal's house with the blood stained axe, she immediately informed her neighbour Ramilaben Ramanbhai. Both Ramilaben Ramanbhai and she then went into Manilal's house and saw Manilal lying on the cot in a pool of blood. He had sustained injuries on his neck which was caused by the axe. She together with Ramilaben came out of the house and started shouting. People from the neighbourhood gathered. In the meantime, Ramilaben wife of the deceased returned and while they were talking to her, Pravinbhai came out with an axe in his hand from his house and told Ramilaben that he had with the axe in hand killed his uncle and she would meet the same fate. According to this witness, the motive behind the incident was that accused Pravinbhai suspected that Manilal was having illicit relations with his wife Seeta. 6. In her cross examination she admits that though she was not an eyewitness to the incident, she did see Pravinbhai coming out with a blood stained axe. Her house is the third from that of Manilal and the accused and Manilal's house is next to each other. She admitted that before Manilal's wife returned, she alongwith Ramilaben Ramanbhai was aware of the incident and that Manilal had died because they had seen Manilal lying on the cot. Soon after going into the house, she saw Pravinbhai leaving the house with the blood stained axe. Suggestion was made in the cross examination to show that the only exit from Manilal's house was the front door. The defence has tried to bring out contradictions in the police statement that she gave. She denied the suggestion that she had not seen the accused Pravinbhai leaving Manilal's house with a blood stained axe. 7. Ramilaben Ramanbhai, PW-10 has been cross examined at Exh.30. The defence has tried to bring out contradictions in the police statement that she gave. She denied the suggestion that she had not seen the accused Pravinbhai leaving Manilal's house with a blood stained axe. 7. Ramilaben Ramanbhai, PW-10 has been cross examined at Exh.30. According to this witness on 08.03.2012 at 4 in the evening when she was inside her house she was called by Ramilaben Bhailalbhai, PW-9 who and informed her that she had seen the accused Pravinbhai leaving Manilal's house with the blood stained axe. She therefore requested that both should go to Manilal's house and see for themselves as to what had happened. The witness further stated that when both of them entered Manilal's house, they found Manilal lying on the cot in a pool of blood having sustained injuries. Both Ramilaben Ramanbhai and Ramilaben Bhailalbhai came out of the house and started shouting and the people from the neighbourhood gathered. Manilal's wife Ramilaben also in the meantime returned from field. 8. This witness was also cross examined. She admitted that both Ramilaben Bhailalbhai and she had come out of the house and started shouting. People from the neighbourhood had gathered. Pravinbhai had come out and then fled from the scene. Both of them then informed Ramilaben Manilal, wife of the deceased that her husband had died due to the injuries that he had sustained. 9. Kokilaben Ukedbhai, PW-11 was also a neighbour. She in her deposition stated that on 08.03.2012 when the incident happened she was at home and heard shouts outside and on hearing of the shouts, she came out. She saw Pravinbhai leaving Manilal's house. At that point of time she saw Pravinbhai telling Ramilaben that he had killed his uncle and that she would meet the same fate. She then went back into her house. She was scared. After Ramilaben, the wife of the deceased came, she alongwith her went into the house and saw Manilal lying on the cot. In her cross examination she admits that her house is at a distance of about 10 meters from Manilal's house. 10. Ukedbhai Himmatbhai PW-12 at Exh.32 in his testimony stated that at about 4 in the evening when he heard shouts, he came out and he saw Pravinbhai leaving from Manilal's house with an axe in his hand. Thereafter, all of them gathered outside Manilal's house. He also went there. 10. Ukedbhai Himmatbhai PW-12 at Exh.32 in his testimony stated that at about 4 in the evening when he heard shouts, he came out and he saw Pravinbhai leaving from Manilal's house with an axe in his hand. Thereafter, all of them gathered outside Manilal's house. He also went there. He went into Manilal's house and then saw that Manilal was lying on a cot. From the injury that he had sustained below his ear, he was bleeding. His wife Kokilaben and both Ramila Bhailalbhai and Ramilaben Ramanbhai were present together with Manilal's wife Ramilaben. This witness has been cross examined. From the suggestion put to him, it is evident that he was only a witness to the fact that he went at the point of time when the deceased Ramila had returned from the field. 11. PW-13, Seetaben, wife of the accused was examined at Exh.34. She has turned hostile. However, in her cross examination she stated that she has been staying at her parents' house for the last three months. That there were differences between her and her husband Pravinbhai and when they occasionally fought the deceased Manilal would come and mediate. 12. Dr. Satyamshivam Sundaram, PW-1, Exh.8, has carried out the postmortem. He confirmed that the injuries that the deceased sustained were due to muddamal article axe. The nature of injuries: "17. (1) There is a deep cut wound, clean incised wound, edges, red, stained blood, direction horizontal. Tissue below Rt earlobe measuring 4 cm long x 2 cm deep x 1.5 cm gaping with inside tissue cut and starred red brown blood dried. (2) Rt earlobe also cut sharp at lower pole with dried blood stain. (3) There is deeps cut wound one Rs. side neck just below jaw, directed horizontal measuring 3.5 cm long x 2 cm deep x 1.5 cm gap edges red clean incised and beneath tissue cut c cut of deep cervical blood vessels and inside hyoid bone visible. Surrounding skin clean and not blood stained." 13. In the opinion of this doctor, the death was caused due to the injuries that the deceased sustained and excessive bleeding. That the internal injuries No. 1 and 3 were serious injuries and were sufficient to cause death as such injuries are possible as a result of a sharp edged weapon. Surrounding skin clean and not blood stained." 13. In the opinion of this doctor, the death was caused due to the injuries that the deceased sustained and excessive bleeding. That the internal injuries No. 1 and 3 were serious injuries and were sufficient to cause death as such injuries are possible as a result of a sharp edged weapon. He confirmed that such injuries could have been caused as a result of the muddamal article axe that was shown to him. 14. Supportive evidence of the prosecution is in the form of discovery panchnama Exh.25. The accused Pravinbhai led the police party from the bus stand. He led the police party to his house and from the varanda behind, dug out the axe which was used. The serological report is also on record. The weapon axe was found blood stained. However, the blood group could not be ascertained. The conviction of the accused therefore in light of this evidence as handed out by the learned Sessions judge is to be tested on independent appreciation of evidence. 15. The complainant Ramilaben in her first information report lodged at Exh.27 states that the incident happened at 4 in the evening when she had returned from grazing the cattle. She found that people had gathered outside her house. She saw Pravinbhai-the accused coming out of her house with the blood stained axe. He told her that she must go and see what happened. When she went in, she saw her husband lying on the cot in a pool of blood. According the complainant, Pravinbhai then told her that she also would meet the same fate. 16. Ramilaben, the complainant, in her testimony at Exh.26 stated that when she went back home at 4 in the evening Ramilaben Bhailalbhai, who was present alongwith the neighbours outside her house, informed her that she had seen Pravinbhai coming out from the house with the blood stained axe. She further in her testimony stated that Ramilaben Bhailalbhai had then told her that on seeing Pravinbhai coming out from house with the blood stained axe, she went in and found Manilal lying on a cot in a pool of blood. On being so told, she went into the house immediately and saw that her husband had died as a result of the injuries sustained. On being so told, she went into the house immediately and saw that her husband had died as a result of the injuries sustained. According to this witness, the motive behind the act, which Pravinbhai carried out, was possibly that he suspected that Manilal who used to mediate between Pravinbhai and his wife Seeta was suspected of having illicit relations with Seeta, the accused's wife. It is borne out from the testimony of the complainant that Pravinbhai's house was next to the complainant's house. The version of the complainant needs to be tested on the examination of the evidence of the other two witnesses namely PW-9, Ramilaben Bhailalbhai and Ramilaben Ramanbhai, PW-10 respectively. Ramilaben Bhailalbhai in her evidence at Exh.9 states that when she was outside her house at 4 in the evening she saw Pravinbhai leaving Manilal's house carrying a blood stained axe in his hand. Noticing Pravinbhai coming out from Manilal's house she called Ramilaben Ramanbhai. Both of them thereafter immediately went into Manilal's house and they saw Manilal lying on a cot in a pool of blood. They came out and shouted. The neighbours had gathered. Manilal's wife Ramilaben returned from the fields at about 4 in the evening and they informed her of the incident. This witness further stated that when Ramilaben, wife of the deceased was standing outside her house, Pravinbhai came out with an axe and told her that she would meet the same fate as her uncle had. From her cross examination, it is evident that she was in the neighbourhood and her house was the third from that of the deceased. 17. Ramilaben Ramanbhai came out of the house, according to the prosecution story, upon being called by Ramilaben Bhailalbhai. Ramilaben Ramanbhai in testimony at Exh.30 deposed that when she was inside her house she heard Ramilaben Bhailalbhai calling her. When she went out, she saw Pravinbhai coming out of Manilal's house with an axe. Both Ramilaben Bhailalbhai and she immediately went into Manilal's house and saw the deceased lying in a pool of blood on a cot. Her house was also next to that of Manilal. Both Ramilaben Bhailalbhai and Ramilaben Ramanbhai were her neighbours who had seen Pravinbhai coming out of her house. Both Ramilaben Bhailalbhai and she immediately went into Manilal's house and saw the deceased lying in a pool of blood on a cot. Her house was also next to that of Manilal. Both Ramilaben Bhailalbhai and Ramilaben Ramanbhai were her neighbours who had seen Pravinbhai coming out of her house. At least from the testimony of PW-9 Ramilaben Bhailalbhai, it is evident that she did see the accused Pravinbhai come out of Manilal's house with the blood stained axe at which point of time she called Ramilaben Ramanbhai, PW-10. PW-10 Ramilaben Ramanbhai supports the testimony of PW-9 Ramilaben Bhailalbhai. 18. Both of them on seeing Pravinbhai leaving the house of the deceased with the blood stained axe went in immediately and saw Manilal lying in a pool of blood having sustained injuries as a result of the axe. 19. When the testimonies of these two witnesses PW-9 and PW-10 are seen, there is a coherence in the stand that PW-9 on seeing Pravinbhai coming out of the house with a blood stained axe, PW-9 Ramilaben Bhailalbhai went out on being called. Both of them immediately went in and saw the deceased on the cot. Obviously therefore their testimonies gave the only conclusion that it was the accused at whose hands the deceased met with the unfortunate fate. 20. Corroboration has been done through the panchnama Exh.25 by which the axe was discovered by the accused. Serological report also supports the prosecution theory that inasmuch as though the blood group on the axe could not be ascertained that it was blood stained was confirmed. 21. Based on these evidences, therefore, the conviction of the accused for the offence in which he has been charged for, cannot be faulted. The appeal, therefore, stands dismissed. R & P to be transmitted back to the concerned Trial Court Appeal Dismissed.