10.In this case, PW.1/victim had clearly spoken about the overtact of the appellant and had narrated the entire incident in natural manner. PW.2, was present in the scene of occurrence, but he had not supported the case of the prosecution. The evidence of PW.1 is natural and believable, PW.2 not supporting the prosecution case, will not affect the above case. The evidence of PW.1 is natural, inspires confidence. The other witnesses viz., Pws.3, 4, 5 & 6, who are witnesses to the Mahazar, have not supported the case of the prosecution, which is possible for the reason both the appellant and the victim hails from the same Village and are known to them. PW.7 son of the victim clearly corroborates the evidence of PW.1. PW.8, has given the valuation for the damages caused in the victim's house. Pws.10, 12 & 13 are police personnel. PW.13 is the Investigation Officer, who received the First Information Report/Ex.P9, from PW.12, thereafter, took up the investigation, prepared the mahazar, seized the articles and examined the witness. After collecting all the materials, charge sheet was filed before the Lower Court, where PW.1 to PW.13 were examined, Ex.P1 to P12 were marked and M.Os.1 to 3 were also marked. The Lower Court, on considering the evidence and materials on record has rightly convicted the appellant.
