statement before the court in paragraph 2, Kum. Guneshwari Kashyap (PW-4) has stated that she could not see as to who has killed her mother and in the morning, she noticed that her mother has suffered injury by axe on head, she was lying dead and blood was oozing from the injury. In paragraph 3, she added that the appellant has killed her mother and was sleeping in the house of his brother Shridhar, but surprisingly, Shridhar has not been examined. However, in cross-examination, she has clearly stated that she could not see who has assaulted her mother, but her father’s axe was lying there besides the body of her mother and one door was locked and the lock was found broken. As such, it would be difficult to hold that she is the eyewitness to the incident and has seen the incident by which the appellant has assaulted his wife by sharp-edged weapon – axe, particularly, it is not the case that the appellant and the deceased were sleeping in one room and their children were sleeping in a separate room. It is the case of the prosecution and duly established by the testimony of Kum. Guneshwari Kashyap (PW-4) that the appellant was sleeping alone in a separate room and his wife deceased Udanbai along with her four children including Kum. Guneshwari Kashyap (PW-4) was sleeping in another room and in the morning, dead body of Udanbai was found. Considering the statements of Shyam Sundar Kashyap (PW-2), Sonsingh (PW-3) & Kum. Guneshwari Kashyap (PW-4), it would not be safe to convict the appellant only on the basis of the statement of Kum. Guneshwari Kashyap (PW-4).
