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18. Applying the aforesaid principles of law with regard to appreciation of the evidence of the witnesses, who have animosity with the accused, to the facts of this case, we find that the prosecution has come with a specific case of motive and the facts stated for such motive are not in dispute from the side of the accused and, therefore, the prosecution has ably proved their case with regard to motive in the case.

19. Now this takes us to decide as to who was author of the injuries sustained by the deceased Mansukh. Here in this case, there is a direct evidence of P.W.2 Virabhai Ukabhai, Ex.13, who is an eye witness to the incident. He has deposed in his evidence that a program of of regional folk - dance (Garbi) during "Navaratri" holidays was being held near the Thakar Temple and on the night of the fateful incident, he, Rama Deva and Mansukh Ramji were sleeping in the Thakar Temple. He has further deposed that when he was sleeping, Bhopa Premji came and inflicted knife blows to Mansukh and that foot of accused touched with a loose ladder, which was put in horizontal condition, as a result of which ladder fell down and he wake up and shouted "run run knife blow is being inflicted". He has further deposed that after waking up, he saw that the accused was inflicting knife blows and that Bhopa Premji had inflicted knife blows to Mansukh. He has further deposed that as Bhopa Premji is a boy resident of their village, he was knowing him. He identified the accused before the trial Court. He has further deposed that after he raised shouts, Sarpanch, Premji Sardul, Dhama Deva, Ghogha Rama, Pancha Sura immediately rushed to the place. He has further deposed that as he shouted, Bhopa Premji fled from the place. He has further deposed that after persons gathered there, Premji Sardul had tied a bandage to Mansukh and, thereafter, Sama Sura, who is uncle of Mansukh and his brothers Natho and Vinu came there. He has further deposed that thereafter, Mansukh was taken first to the residence and, thereafter, he was, by taking him in a matador of Rabari Ratna, shifted to Rajkot Hospital. He has further deposed that later on, he came to know that Mansukh expired. He has further deposed that he did not know as to why Mansukh was beaten and that he dictated the statement to the police.

20. P.W.3 Ghoghabhai Ramjibhai, Ex.14 has deposed that a program of regional folk dance (Garbi) during "Navaratri" days was being held at Thakar Temple. He has further deposed that Mansukh died before last more than two years and on that day, it was the first day of the month and that they were the days of Navaratri. He has further deposed that he was present in the chowk of Mataji. With regard to the incident, he has further deposed that when they were present in the chowk, they heard the noise and, therefore, their attention was drawn to that side from where the noise came and they saw that Bhopa Premji, by taking with him a knife, getting down the steps of the temple and Bhopa might have gone towards the eastern side. He has further deposed that they went inside the temple, and saw that Mansukh was lying in bleeding condition and there was injury like wound on his abdomen. He has further deposed that Premji had tied a bandage on the wound. He has further deposed that he knows Bhopa, who was going away with the knife. He identified the accused before the trial Court. He has also deposed that he saw him (accused) getting down the steps of temple and, thereafter, the uncle of Mansukh and others took him to Rajkot where he died. He has further deposed that the police came to their village in the morning and police had interrogated him. He has further deposed that he stated before the police about the facts which had happened.

In the cross-examination, he has deposed that after Mansukh was taken away from the place, he went to his house and they slept. On the next day, after 6.00 A.M., a peon of village panchayat came to call him. He has further deposed that he came to know that Mansukh expired, when his relatives brought his deadbody to the village at about 12.00 noon. He has further deposed that at that time, he was present in his field and when he returned to village at about 3.00 P.M. to 4.00 P.M., he came to know that Mansukh had expired. He has further deposed that police had recorded his statement before he came to know about the death of Mansukh and that he had no knowledge about the death of Mansukh, when the police had recorded the statement. He has further deposed that the police had recorded his statement at 7.30 A.M. in the morning. He has further deposed that the house of the accused is at a distance of 15 to 20 feet from the temple. He testified before the trial Court that on that day at about 8.30 P.M. or 9.00 P.M., there was failure of electricity supply and, therefore, Premjibhai had gone to connect "dyio" (It seems that he wants to convey D.P. a place where fuse-wire of electricity is being connected and by connecting fuse-wire, electricity supply is restored). He has further deposed that Premjibhai returned, after connecting fuse at D.P. at about 10.30 P.M. to 10.45 P.M. He has further deposed that on his return, they went to chowk and, thereafter, they heard a noise of shout. This witness has denied a suggestion that when there was a noise of shout, there was darkness at the place. He has further deposed that Limbabhai and he, chased the accused for about five to ten feet but they did not run behind him upto his house. He has further deposed that other persons were shouting to catch hold of him. Possibly a question was put to him, as to why they did not run behind assailant to catch hold of him and in reply to that question, he replied that who would go to catch hold of him. He has further deposed that on the next day in the after noon, his statement was recorded. He has further deposed that about 7-8 persons were present there at the place of regional folk dance (Garbi) and further that the program of regional folk dance (Garbi) was to commence after electricity supply was restored. He has further deposed that the program of regional folk dance (Garbi) did not commence as there was no electricity supply. A case has been suggested that he was giving evidence falsely and he has denied that suggestion.