the same time, the appellant came out from his house armed with axe and assaulted the deceased by axe, by which, he suffered injury and died. It was further deposed by him that there was darkness throughout night, however, lights were on near the scene of occurrence and he has seen the incident. He has further stated that the ' Bhajan Kirtan ' was being performed without loudspeaker. It was also put forth by him that the injury was caused upon the deceased by sharp edged weapon. Similar statement was made by P.W.2 Muli Bai and also by P.W.3 Alki Bai and they have been subjected to cross-examination and in cross-examination nothing has been elicited except the fact that they were near the incident. Similar is the statement of Babunath (P.W.7), who stated that his house is situated in front of the appellant and there is C.C. road between them. He clearly stated that he had also gone to the house of Bhaguram for discussion on ' Bhajan Kirtan ' and while returning back near his house, the appellant came out of his house along with axe and assaulted him thrice, in which, the deceased suffered only one injury on left ear and he immediately fell down and died. He was also subjected to cross-examination, but in his crossexamination, this witness was firm that he has seen the appellant assaulting the deceased, who sustained injuries. As such, all the four witnesses have supported the case of the prosecution as they have seen the incident wherein the appellant made assault on the deceased by axe and the deceased suffered injury on his
