JUDGMENT : ( 1. ) IN this appeal, the six appellants Desha, Kariya, girdhari, Baboolal, Halke and Chiliya alias Ramprasad have challenged their convictions under sections 302/149 of the Indian Penal Code for committing the murder of Shivpal, under section 302/149 of the Indian Penal Code for committing the murder of Shivnath and under section 148 of the Indian Penal code. For the offences under section 302/149 of the Indian Penal Code, on each count, each of them was sentenced to undergo imprisonment for life. The appellants were also sentenced to undergo two years rigorous imprisonment for the offence under section 148 of the Indian Penal Code. The sentences have been ordered to run concurrently. ( 2. ) ALONG with the six appellants, Sura and Bharosa were also prosecuted for the offences under sections 302/149 and 148 of the Indian Penal Code, but they have been acquitted of these offences. Saroopsingh was also charged under section 120-B of the Indian Penal Code, but he too was acquitted of this offence. ( 3. ) THE prosecution case is this: Village Katia is situated at a distance of 8 miles from police station Chandla. The two deceased Shivpal and Shiv-nath were real brothers and resided at village Katia. The six appellants are also residents of this very village. The two deceased had four other brothers out of whom Jagdish and Gulab are dead. Baboosingh (P. W. 1) and Siyaram (P. W. 11) are alive. About 14 years ago, somebody had taken out the eyes of the deceased Shivnath. Rambai (P. W. 9) is the mother of Shivnath and shivpal. Mat. Kaushalya (now deceased) was the widow of deceased Shivpal. Gyansingh (P. W. 10) is the son of the deceased Shivpal. ( 4. ) THERE has been long standing enmity between the appellants on one side and the family members of the two deceased persons on the other. Both parties were involved in proceedings under section 107 of the Criminal Procedure Code. Relatives of the appellants had taken out the eyes of the deceased shivnath and one Devisingh about 14 years back. About three years back, the appellants had set fire to the Khoda of Siyaram (P. W. 11 ). ( 5. ) ON 13-7-1974, at 9 a. m. , the deceased Shivnath was sitting inside the house. Deceased Shivpal, after taking bath at the well, was returning back to his house. About three years back, the appellants had set fire to the Khoda of Siyaram (P. W. 11 ). ( 5. ) ON 13-7-1974, at 9 a. m. , the deceased Shivnath was sitting inside the house. Deceased Shivpal, after taking bath at the well, was returning back to his house. When he reached near the Kulia of Kumhars, the appellants emerged out and assaulted Shivpal with axe, sang and lathis and then dragged him into the Kulia. These very persons entered inside the house of the blind shivnath, assaulted him with axe, sang and lathis, dragged him out of his house and took him to the Kulia. Baboosingh (P. W. 1) who had returned back from the field to his house, was informed by his mother about the beating of shivnath and bis being taken away by the appellants. Baboosingh (P. W. 1)then went to the Chandla police station where he lodged the F. I. R Ex. P-1 at 4-30 p. m. the same day. Sub-Inspector Yadvendrasingh (P. W. 17) went to the village, saw the dead bodies of Shivpal and Shivnath lying under pool of blood with their heads several. He, therefore, held inquests over the two dead bodies as per inquest report Ex. P-3 of Shivpal and Ex. P-4 of Shivnath. ( 6. ) THE appellants were arrested on 15-7-1974 and axe (Art. 2) and sang (Art. 1) were recovered from the appellants Desa and Halke. Exhibits P-39 and P-40, reports of the Chemical Examiner and the Serologist respectively have no incriminating value, because the atticles seized from the appellants were not found to be stained with human blood. ( 7. ) WHEN Sub-Inspector Yadvendrasingh (P W. 17) reached the place of occurrence, Siyaram (P. W. 11) lodged the dehati nalishi (Ex. P-35) at 9 p. m. the same day. ( 8. ) DR. H. N. Sharma (P. W. 4) performed the autopsy on the dead body of Shivnath on 14-7-1974 and found the following marks of injuries on his body: (i) The head was completely cut from the root of the neck. All the structures of the neck i. e. blood vessels, muscles and nerves were cut across. The vertebral column was cut in between 5th and 6th cervical vertebra. (ii) A penetrating wound on the chest 1/2" right to the lower end of the sternum, measuring 1" x 1/3" X 6". All the structures of the neck i. e. blood vessels, muscles and nerves were cut across. The vertebral column was cut in between 5th and 6th cervical vertebra. (ii) A penetrating wound on the chest 1/2" right to the lower end of the sternum, measuring 1" x 1/3" X 6". Direction of the wound was straight backward. The weapon pierced underneath diaphragm and entered in the left lobe of liver, damaging an area of about an inch in diameter. (iii) The penetrating wound over right side of the chest in between the right nipple and sternum measuring 2/3rd" x 1/3" x 4". Its direction was straight backward. The weapon pierced the middle lobe of the right lung producing a wound measuring 1/2" x 1/4" x 1 1/2". Clotted blood was present. (iv) Stab wound over the middle of the chest over the sternum bono measuring 1/2" x 1/3" x 1/2". Clotted blood was present. Dr. Sharma opined that these injuries were ante mortem in nature. External injury No. I was caused by heavy, sharp cutting object, while injuries 2, 3 and 4 were caused by sharp cutting object. Injury No. 1 could be caused by an axe and injuries 2 to 4 by a sang. The internal examination disclosed that the back bone was cut in between 5th and 6th cervical vertebra. Lungs and trachea were cut across at the level of the root of the neck. Middle lobe of right lung was damaged. Oesophagus and pharynx were cut at the level of the root of the neck. Death was due to shock and haemorrhage as a result of complete separation of the neck from its root by a sharp and cutting object. Injury no. 1 was sufficient in the ordinary course of nature to cause death. Death occurred within 24 to 30 hours prior to the post mortem examination. Ex. P-29 is the post mortem report. ( 9. ) ON the same day, Dr. Sharma performed the autopsy on the dead body of Shivpal and as per report Ex. P-30, he found the following marks of injuries on his body: (i) Incised wound on the left lower jaw in which the left angle of the lower lip was cut, measuring 2" x 2/3" X The wound was oblique in direction. Clotted blood was present in the wound. Left lower jaw was fractured. P-30, he found the following marks of injuries on his body: (i) Incised wound on the left lower jaw in which the left angle of the lower lip was cut, measuring 2" x 2/3" X The wound was oblique in direction. Clotted blood was present in the wound. Left lower jaw was fractured. (ii) An incised wound on the upper part of the neck 1/2" below the chin measuring 2 1/2" X 1/2" x 1". The wound was horizontal in direction and clotted blood was present in the wound. (iii) Incised wound on the neck 3" below the left ear measuring 4" x 1" x 2". The wound was horizontal in direction and clotted blood was present in it. (iv) Incised wound over the front of the root of the neck measuring 7 1/2" X 6 1/2" X 1 1/2". All the structures of the neck were cut across. Backbone was cut in between the 6th and 7th cervical vertebra. Neck was attached to the trunk only by skin of the back of the neck. The wound was horizontal in direction. Clotted blood was present in the wound. (v) Incised wound over the top of the neck measuring 3" x 1/2" X 1/3". The wound was oblique in direction and clotted blood was present in it. (vi) Penetrating wound over the right side of the chest in the 4th intercostal space 2" away from the mid line measuring 1" x 1/2" x 4". Its direction was straight backward. Middle part of the right lung was damaged in an area of about an inch. All these injuries were ante mortem in nature. Injuries 1 to 5 could be caused by sharp cutting object and injury No. 6 by sharp pointed cutting weapon. On internal examination, it was found that the back bone was cut in between 6th and 7th cervical vertebra. Spinal cord was cut at the level of 6th cervical vertebra. Larynx and trachea were cut at the level of the root of the neck. Middle part of right lung was damaged in an area of about an inch. Oesophagus was cut at the level of the root of the neck. Death occurred due to stock and haemorrhage resulting from the complete cutting of blood vessels of the neck, caused by incised wounds over the front of root of neck. Middle part of right lung was damaged in an area of about an inch. Oesophagus was cut at the level of the root of the neck. Death occurred due to stock and haemorrhage resulting from the complete cutting of blood vessels of the neck, caused by incised wounds over the front of root of neck. Death occurred between 24 to 30 hours of the post mortem examination. These injuries could be caused by axe and sang. Injuries Nos. 4 and 6 were sufficient in the ordinary course of nature to cause death. ( 10. ) ALL the appellants abjured their guilt and pleaded false implication due to long standing enmity. ( 11. ) THE point for decision in this appeal is whether the six appellants formed an unlawful assembly with the common object of committing the murders of Shivpal and Shivnath and in prosecution of that common object, they did commit the two murders and whether at that time they were armed with deadly weapons. ( 12. ) WE have beard Shri S. C, Datt, Advocate for the appellants and shri S. L. Saxena for the State, we are of the view that convictions of the appellants under sections 302/149 and 148 of the Indian Penal Code with sentences thereunder are in order. ( 13. ) SHRI Datt did not dispute that Shivpal and Shivnath are dead and that their deaths were homicidal. There is overwhelming evidence to establish that these are dead. Their dead bodies were seen by their relations and inquests were held over their dead bodies as per reports Ex P-3 and P-4. Further, the evidence of Dr. Sharma shows that on the dead bodies of Shivpal and Shivnath, there were number of penetrating stab and incised wounds. Besides this, in both the cases, back bone was cut in between 5th to 7th cervical vertebra. In both the cases larynx and trachea were cut across at the level of root of the neck. These injuries could be caused by sharp cutting and pointed object and the injuries inflicted were sufficient in the ordinary course of nature to cause deaths of the two victims. We are, therefore, convinced and it was also not disputed before us that Shivpal and Shivnath are dead and that they met with homicidal deaths. ( 14. These injuries could be caused by sharp cutting and pointed object and the injuries inflicted were sufficient in the ordinary course of nature to cause deaths of the two victims. We are, therefore, convinced and it was also not disputed before us that Shivpal and Shivnath are dead and that they met with homicidal deaths. ( 14. ) WE will now proceed to scrutinise the prosecution evidence for finding out whether the six appellants were members of an unlawful assembly with the common object of committing the murders of Shivpal and Shivnath. ( 15. ) BABOOSINGH (P. W. 1) is the brother of the two deceased. He stated that Mst. Kaushalya (now deceased) widow of Shivpal, came to him running and informed him that Dada, meaning thereby deceased Shivnath, had been killed and he was being dragged away. Shivnath was blind by both the eyes. It was at about 10 a. m. . When he reached the house, he found blood marks inside the house and door. Then he saw all the six appellants dragging away shivnath. When he reached there, the appellants Chilia and Girdhari Karia threatened to beat him and, therefore, he ran away. He stated that the appellant Desa had an axe, the appellant Halke had a sang, the appellant Girdhari and Baboolal had ballams with them and others had lathis with them. He then stated that he went to Bachhon police outpost and then to Chandla police station and lodged the F. I. R. P-l at 4-30 p. m. after covering a distance of 8 miles. This report contains the names of all the six appellants as also their dragging away Shivnath and the weapons possessed by them. ( 16. ) THIS witness Baboosingh (P. W. 1) was sought to be discredited with the omission in Ex. P-1 about Mst. Kaushalya coming out, but this omission is immaterial, because in Ex P-l, it is mentioned that Mst. Kaushalya, after coming out of the house, came running shouting. His evidence does not stand discredited by the omission of the fact that Kaushalya had named the assailants. ( 17. ) SIMILARLY his evidence does not stand discredited because of omission in Ex. P-1 that he had talked to his mother Rambai (P. W. 9 ). Kaushalya, after coming out of the house, came running shouting. His evidence does not stand discredited by the omission of the fact that Kaushalya had named the assailants. ( 17. ) SIMILARLY his evidence does not stand discredited because of omission in Ex. P-1 that he had talked to his mother Rambai (P. W. 9 ). No doubt there are some contradictions with regard to the weapons possessed by each of the appellants, but the presence of the six appellants has been fully established not only by his evidence, but also by the F. I. R. Ex. P-1. He had seen shivnath being dragged away with blood trickling down and the two appellants chilia and Girdhari Karia administering threats to him. There could, therefore, be no mistake at about 9 or 10 a. m. in recognising the assailants. We find the evidence of Baboosingh (P. W. 1) fully reliable. ( 18. ) IT was urged that the report Ex. P-1 was subsequently manufactured at village Katia, because there is some delay in lodging it. It was contended that there is no corroboration to the statement of Baboosingh (P. W. 1) that he had gone to Bachhon outpost from where he was directed to Chandla police station. A reference to the evidence of constable Sullu Khan (P. W. 14)-answer to Q. No. 5-will show that Baboosingh (P. W. 1) did visit Bachhon out-post and had gone with him to Chandla police station. It is immaterial that personnel of the Bachhon out-post were not examined on this point. That report is not subsequently manufactured is clear from the fact that in this report, there is no reference to the other deceased Shivpal. If this report was a result of deliberations, then there could have been no omission to the deceased Shivpal in it. Omission of this fact adds to the truthfulness of the F. I. R. Ex. P-1. In this connection reference may be made to para 14 of Soma Bhai v. State of Gujrat ( AIR 1975 SC 1453 . ). We are, therefore, convinced that the report Ex. P-1 was lodged at the Chandla Police Station, a fact further borne out by the evidence of Sub-Inspector Yadvendrasingh (P. W. 17 ). We reject the contention that it was scribed at village Katia after deliberations. ( 19. ). We are, therefore, convinced that the report Ex. P-1 was lodged at the Chandla Police Station, a fact further borne out by the evidence of Sub-Inspector Yadvendrasingh (P. W. 17 ). We reject the contention that it was scribed at village Katia after deliberations. ( 19. ) KALLOOSINGH (P. W. 3) saw the head of Shivnath lying separately, served from the body and the head of Shivpal attached to the trunk only by the skin of the back of the neck. He further stated that at about 9 a. m. , he heard the cries of his mother that Shivnath was caught. He met Baboosingh (P. W. 1) who told him that Shivnath was assaulted and was taken away and he was going to the police station to lodge a report. No doubt he is a relation of Baboosingh (P. W. 1), but that fact alone cannot discredit his testimony. No doubt Baboosingh (P. W. 1) did not tell him the names of the assailants, but this is quite natural, because Baboosingh (P. W. 1) was in a state of high excitement and mental tension and one of his brothers was dragged away by the appellants in his presence and the other brother was missing. Therefore, when he was going to lodge a report, there was no propriety for him to narrate the names of the assailants. His evidence shows that the incident took place at about 9 a. m. and that Baboosingh (P. W. 1) told him about Shivnath being taken away. His evidence fixed the time of incident and repels the contention that two persons were murdered before dawn by some unknown persons. ( 20. ) MST. Rambai (P. W. 9) is the mother of the two deceased Shivpal and Shivnath. She stated that the deceased Shivnath was sitting inside the kotha, while Siyaram (P. w. 11) had gone to the field. Baboosingh (P. W. 1)returned from the field when the appellant Chilia came there and enquired about the deceased. She stated that all the six appellants, duly armed, had entered inside her house and had assaulted Shivnath with lathis, axe and sang. Thereafter, the appellants dragged him and took him away. While the appellants were taking away Shivnath, Baboosingh (P. W. 1) had come to the house. She stated that all the six appellants, duly armed, had entered inside her house and had assaulted Shivnath with lathis, axe and sang. Thereafter, the appellants dragged him and took him away. While the appellants were taking away Shivnath, Baboosingh (P. W. 1) had come to the house. She further stated that there was commotion in the village that two dead bodies were lying and this was at the time of breakfast. From this, it was suggested that the dead bodies were found lying in the early morning, but the breakfast time could not be in the early morning and would approximately be round about 9 a. m. From answer to question No. 10 of the witness, it could not be held that two persons were murdered in the early morning. ( 21. ) IT was argued that Rambai (P. W. 9) could not have seen the incident, because she was not able to see clearly beyond 3 or 4 cubits. It will be pertinent to mention that the incident took place inside the kotha where Rambai (P. W. 9) had gone inside. She was present when the quarrel inside the kotha took place. Thus Rambai was at close quarters with the deceased Shivnath and the appellants who had entered inside the house, had taken away shivnath dragging. She had thus ample opportunity to see the appellants. Her evidence could not be discredited with her case diary statement Ex. D-2, portions A and B where she was contradicted in regard to the weapons held by the appellants. From her evidence, it was suggested that Baboosingh (P. W. 1)had come to the village in the afternoon. (See Answer to Q. No. 33 ). But in view of the statement of Baboosingh (P. W. 1) and Yadvendrasingh Sub-Inspector (P. W. 17), this is a clear misstatement, because the F. I. R. itself was recorded at 4. 30 p. m and the Sub-Inspector had covered a distance of 8 miles to reach the village of the two deceased persons. On no account could he reach the village at noon time. ( 22. ) THE evidence of Rambai (P. W. 9) could not be discredited on the ground that her relation Sub-Inspector Lachhmansingh had read over the statements of Siyaram and Gyansingh. On no account could he reach the village at noon time. ( 22. ) THE evidence of Rambai (P. W. 9) could not be discredited on the ground that her relation Sub-Inspector Lachhmansingh had read over the statements of Siyaram and Gyansingh. There was no tutoring of Rambai which is apparent from the fact that she had made some contradictory and confused statements which would not have been the position in case she was making a tutored statement. Apart from the contradictions in the weapons used, the evidence of Rambai (P. W. 9) is that of a natural witness who must have remained present inside the house. She saw the six appellants entering inside the house armed with axe, sang and lathis, assaulting Shivnath and then drag-ging him away. We believe her evidence that the six appellants had entered inside the house, had dragged Shivnath out of the house and some of them had assaulted him with sharp edged weapon. ( 23. ) SIYARAM (P. W. 11) is the brother of the two deceased persons. He stated that he had gone to the well at about 8 or 9 a. m. for bath. He saw shivpal taking his bath there and after his bath, Shivpal returned from the well. Thereafter he also left the well and near the Kulia of the Kumhars, he found the six appellants duly armed emerging from the Kulia and simultaneously attacking Shivpal. He raised a hue and cry when Ram Aasre (P. w. 16) also came there. Thereafter the six appellants dragged Shivpal. When he protested, the appellants threatened him. When he reached his house, his brother shivnath was sitting inside the house. The six appellants, duly armed, entered inside the house when he ran away to the village from another door. After sometime, he found the dead bodies of Shivnath and Shivpal lying near the kulia of the Kumhars. From the doors of his house, upto the Kulia, he saw blood lying with marks of dragging. He submitted the report Ex. P-35 in the night. This report was rightly held inadmissible, because it was disowned by siyaram. He further stated that he had gone towards the khoda seeing the appellants dragging Shivnath. He is positive that he had met Ram Aasre that day. He denied the suggestion that the dead bodies of Shivnath add Shivpal were found lying in the early morning. This report was rightly held inadmissible, because it was disowned by siyaram. He further stated that he had gone towards the khoda seeing the appellants dragging Shivnath. He is positive that he had met Ram Aasre that day. He denied the suggestion that the dead bodies of Shivnath add Shivpal were found lying in the early morning. No doubt he is the brother of the two deceased persons, but his presence in the house is quite natural. Except some contradictions regarding the weapons possessed by the six appellants, there is no other infirmity of consequence in his evidence. We believe his evidence in regard to the six appellants taking part in assaulting Shivpal and Shivnath and thereafter dragging their dead bodies to some distance. ( 24. ) RAM Aasre (P. W. 16) stated that he was following Siyaram (P. W. 11), then he saw the appellants Desa, Karia, Halke and others assaulting Shivpal who fell down and thereafter the six appellants dragged him upto the Kulia. Thereafter the six appellants went inside the house of Shivnath and after sometime, they emerged out dragging the dead body of Shivnath upto the Kulia. At that time, the neck of Shivnath was practically cut and was bit attached to the body. He is positive that he had met Siyaram at the door and had gone to see the dead bodies. Thereafter, he went back to his house at Bamhori and on the third day, he met the Sub-Inspector on the way near village Balkora. ( 25. ) THE evidence of this witness was attacked on the ground that he was a chance witness, because he was a resident of village Bamhori, and further, his statement was recorded after two days. Ram Aasre has explained that in the village Katia, he had the lands of his maternal uncle which he was cultivating and, therefore, his presence in the village could not be said to be without any purpose. Siyaram (P. W. 11) is positive that he had seen Ram Aasre at the time of incident. Sub-Inspector Yadvendrasingh stated that he had met ram Aasre by chance on the way. (See his answer to Q. No. 35 ). Thus Ram aasre who belonged to another village, after seeing two murders would, in the normal course, not stay in the village and, therefore, the recording of his statement on 13th or 14th was not possible. Sub-Inspector Yadvendrasingh stated that he had met ram Aasre by chance on the way. (See his answer to Q. No. 35 ). Thus Ram aasre who belonged to another village, after seeing two murders would, in the normal course, not stay in the village and, therefore, the recording of his statement on 13th or 14th was not possible. It was when Ram Aasre (P. W. 16)met the Sub-Inspector on the way that his statement was recorded. Two days delay in recording his statement does not either make him a false or a chance witness. ( 26. ) IN Bahalsingh v. State of Haryana ( AIR 1976 SC 2032 ), it is held that if by coincidence or chance, a person happens to be at a place of occurance at the time it was taking place, he is called a chance witness and if such person happens to be a relative or friend of the victim or inimically disposed towards the accused, then his being a chance witness is viewed with suspicion. Such a piece of evidence is not necessarily incredible or unbelievable, but does require caution and close scrutiny. ( 27. ) WE have scrutinised the evidence of Ram Aasre (P. W. 16) whose presence is testified by Siyaram (P. W. 11 ). He had cultivation in the village and, therefore, his presence in the village Katia could not be said to be without any purpose. As stated above, two days delay in recording the statement of ram Aasre does not throw any doubt on his being an eye witness. His evidence has been scrutinised by us with caution and we find his presence at the time of incident proved by Siyaram (P. W. 11 ). We see no reason to reject his testimony. ( 28. ) A perusal of the above statement conclusively established that the six appellants assaulted Shivnath and Shivpal with various weapons and thereafter dragged them to some distance. There is overwhelming evidence that from the house of deceased Shivnath, dragging marks and marks of trickling of blood were seen by number of persons. Thus there is evidence to support the prosecution version that the two deceased persons were dragged to some distance. ( 29. ) IT was contended that the theory of dragging should be disbelieved, because the medical evidence does not support this facts. Thus there is evidence to support the prosecution version that the two deceased persons were dragged to some distance. ( 29. ) IT was contended that the theory of dragging should be disbelieved, because the medical evidence does not support this facts. According to shri Datt, there should have been marks of abrasions of other injuries on the persons of the two deceased, to support the theory of dragging. The evidence of Dr. Sharma (P. W. 4) shows that decomposition had set in. It was the month of July when due to summer season, early decomposition will start. In view of the decomposed condition of the body, abrasions or other marks of dragging could not have been present on the bodies of the two deceased persons. The very fact that the dead bodies were found at a distance from the house of the deceased persons indicated that some external hands had taken them there and this supports the eye witness account that the appellants had actually dragged the dead bodies. The mode of dragging may be different and there could be possibility of some part of the dead bodies not touching the ground. Thus absence of marks of dragging could not throw out the theory of dragging when the eye witnesses have not only testified to it, but also marks of dragging with blood were seen by the prosecution witnesses. ( 30. ) ABSENCE of marks could be explained because of decomposition of the body, or the dead bodies being taken in such a manner that they may not have touched the ground. In this connection reference may be made to Badri and others v. State of U. P. ( AIR 1975 SC 1985 ). ( 31. ) THERE is evidence that the relations amongst the prosecution witnesses and the appellants were highly strained. The prosecution evidence consisted of relation witnesses and the appellants counsel attacked the evidence on the ground that there were no independent witnesses to support the eye witness account. It was further contended that the medical evidence did not disclose that there were lathi marks and thus the participation of some of the appellants who are said to have assaulted the deceased person with lathis, is definitely false. It may be mentioned that relationship, by itself, is no ground to reject the testimony of the prosecution witnesses. It was further contended that the medical evidence did not disclose that there were lathi marks and thus the participation of some of the appellants who are said to have assaulted the deceased person with lathis, is definitely false. It may be mentioned that relationship, by itself, is no ground to reject the testimony of the prosecution witnesses. It will be necessary to scrutinise their evidence with caution. It may also be kept in view that close relations will be the last persons to implicate innocent persons and to spare the real culprits. ( 32. ) IN Dalipsingh and others v. State of Punjab ( AIR 1953 SC 364 ) it is held as under: "ordinarily a close relative would be the last person to screen the real culprit and falsely implicate an innocent person and hence the mere fact of relationship far from being the foundation for criticism of the evidence is often a sure guarantee of truth. No doubt no sweeping generalisation can be possible in all cases, but at the same time, there cannot be any general rule of prudence to require corroboration before the evidence is believed. Each case must be limited to and governed by its own facts. " Also see Angnoo and other v. State of Uttar Pradesh" (A I R 1971 SC 296) ( 33. ) IT was contended that a part of the evidence of the prosecution witnesses in regard to lathi attack being false, the remaining evidence deserves rejection. We are not agreeable to this. It is the duty of the Court to scrutinise the prosecution evidence and to find out the truth or falsehood. In soma Bhai v. State of Gujarat, it is held as under: "it is well settled that the Courts should make an effort in disengaging the truth from falsehood. Merely because a portion of the testimony of a witness is unreliable, it is no ground to brush aside his entire testimony. In these circumstances, therefore, even if the dying declaration on the part of the prosecution case be treated as unnecessary embellishment or orientation in this case that will not detract from testimony of the eye witnesses with respect to the other portion of their evidence to which they have deposed and regarding which they have not been shaken in cross-examination. In these circumstances, therefore, even if the dying declaration on the part of the prosecution case be treated as unnecessary embellishment or orientation in this case that will not detract from testimony of the eye witnesses with respect to the other portion of their evidence to which they have deposed and regarding which they have not been shaken in cross-examination. " Also see Ugar Ahir and others v. State of Bihar ( AIR 1965 SC 277 ). ( 34. ) THUS we have tried to scrutinise the prosecution evidence in the light of the law as stated above and though we are of the view that the evidence of the prosecution witnesses in regard to use of lathi on the two deceased persons is not corroborated by medical evidence, that will not throw doubt on the other part of the prosecution evidence, because besides the eye witness account, the medical evidence supported the use of sharp edged and sharp pointed weapons on the two deceased. Besides the theory of lathi attack, there are other acts attributed to the appellants, e. g. their entry inside the house of Shivnath and their dragging the two deceased upto the Kulia and these facts have been fully established by the eye witness account. Besides the theory of dragging is proved by presence of marks of dragging on the ground with blood track upto the Kulia. Thus because of a part of the prosecution version regarding lathi attack being untrue, we cannot reject the entire prosecution evidence. ( 35. ) THE attack on the two deceased persons was a concerted one in which sharp edged and pointed weapons were repeatedly showered on them. In such a serious attack, the prosecution witnesses who were also threatened by some of the appellants, could have failed to see some part of the assault or may have imagined the use of lathi when some of the appellants were definitely present with lathis. In this connection, the following observations from (Masalti and others v. State of U. P. ( AIR 1965 SC 202 )) would be useful: "where a crowd of assailants who are members of an unlawful assembly proceeds to commit an offence of murder in pursuance of the common object of the unlawful assembly, it is often not possible for witnesses to describe accurately the part played by each one of the assailants. Besides, if a large crowd of persons armed with weapons assaults the intended victims, it may not be necessary that all of them have to take part in the actual assault. Where for instance, several weapons were carried by different members of the unlawful assembly, but it appears that the guns were used and that was enough to kill 5 persons, it would be unreasonable to contend that because the other weapons carried by the members of the unlawful assembly were not used, the story in regard to the said weapons itself should be rejected. " ( 36. ) BESIDES this, there is evidence of long standing enmity between the two factions. The deceased Shivnath and Devisingh had lost their eyes and relations of the appellants were prosecuted for the same, though the prosecution resulted in acquittal. Then there was a fire to the khoda of Siyaram (P. W. 11) about three years ago. Thereafter in this incident, Shivpal was not only severely assaulted by sharp edged weapons, but was also dragged upto the kulia. Over and above this, the blind Shivnath was assaulted inside his own house and was dragged upto the Kulia. Thus the relations between both the parties were highly strained. When such serious incidents were taking place between the rival factions, it will be unnatural to expect independent witnesses to come forward to support either of the two parties. In Raghubirsingh v. State of U. P. ( AIR 1971 SC 2156 .) it is held as under : "in this connection general reluctance of an average villager to appear as a witness and get himself involved in cases of rival village factions when spirits on both sides are running high, has to be borne in mind. " ( 37. ) IN Badri and others v. State of U. P. , it is held as under : "in case where a murder takes place in a village where there are two factions bitterly opposed to each other, it would be idle to expect independent persons to come forward to give evidence and only partisan witnesses would be natural and probable witnesses to the incident. In such a case, it would not be right to reject their testimony out of hand merely on the ground that they belonged to one faction or another. Their evidence has to be assessed on its own merits. In such a case, it would not be right to reject their testimony out of hand merely on the ground that they belonged to one faction or another. Their evidence has to be assessed on its own merits. " Also see Gurdas Singh and others v. Stale of Rajasthari (A I R 1975 SC 1411 ). Thus in the situation in which the parties were placed, it would be highly improbable to expect independent witnesses to come forward to depose in favour of the prosecution and absence of independent witnesses and facts and circumstances of the case do not affect the credibility of relation witnesses. ( 38. ) IN regard to contradictions about the weapons possessed by the appellants, reference may be made to Bharatsingh v. State of U. P. ( AIR 1972 SC 2478 ) wherein it is held as under : "contradictions in the evidence of prosecution witnesses as to the weapons possessed by the accused do not discredit the testimony of such witnesses. It is common experience that in the confusion of the moment, witnesses are prone to such errors especially if seized by sudden fear. Besides, those who are determined to be lawless, do not always stick to their weapons. " ( 39. ) WE have thus scrutinised with caution the evidence of the relation and inimical witnesses and find no substance in the attack of the defence counsel that the evidence should be rejected in toto. We are of the view that though the participation of some of the appellants in the attack by Lathi is not proved, yet their coming together, some of whom armed with sharp edged and pointed weapons, their simultaneous entry in the house of Shivnath, their attacking Shivnath and dragging the two dead bodies a sufficient distance all proved that the six appellants had the common object of finishing off the two deceased and in prosecution of that common object, they mercilessly thrashed them, severed their necks and then threw away their dead bodies in the Kulia. ( 40. ) THE evidence of the eye witnesses that sharp edged and pointed objects were used is corroborated by the evidence of Dr. Sharma (P. W. 4) who found stab and penetrating wounds. Head of Shivnath was completely cut off from the root of the neck. There were incised and penetrating wounds on the body of Shivpal. In para 5, Dr. ) THE evidence of the eye witnesses that sharp edged and pointed objects were used is corroborated by the evidence of Dr. Sharma (P. W. 4) who found stab and penetrating wounds. Head of Shivnath was completely cut off from the root of the neck. There were incised and penetrating wounds on the body of Shivpal. In para 5, Dr. Sharma stated that external injury No. 1 on the body of Shivnath could be caused by heavy cutting object like an axe and injuries 2 to 4 could be caused by a weapon like a sang. On the body of shivpal, injuries 1 to 4 could be caused by an axe and injury No. 6 by a sang. Injuries 4 and 6 on the body of Shivpal were sufficient in the ordinary course of nature to cause death. Similarly injury No. 1 on the body of Shivnath was sufficient in the ordinary course of nature to cause death. The nature of injuries on the bodies of the two deceased indicated that sharp edged and pointed weapons were used repeatedly with force which caused serious damage to the two deceased persons externally as well as internally. The attack was savage in the sense that one completely blind person was assaulted inside his house and was dragged upto a Kulia. The evidence of Dr. Sharma (P. W. 4)leaves no room for doubt to hold that the appellants were actuated by the common object of killing the two victims. The other appellants who were carrying lathis with them, would be saddled with the knowledge that their companions, by using sharp pointed weapons, were likely to cause deaths of the two victims. ( 41. ) IN view of the above, in spite of lack of corroboration to the use of lathis on the two deceased persons, there is reliable evidence, duly corroborated by the F. I. R. Ex. P-1, that the six appellants formed an unlawful asssmbly with the common object of killing the two deceased and in prosecution of that common object, the two victims were mercilessly thrashed and killed. The severity of the attack is proved besides the presence of other serious injuries, by the cutting of the necks of both the victims. P-1, that the six appellants formed an unlawful asssmbly with the common object of killing the two deceased and in prosecution of that common object, the two victims were mercilessly thrashed and killed. The severity of the attack is proved besides the presence of other serious injuries, by the cutting of the necks of both the victims. In the above circumstances, we are of the view that the lower Court rightly convicted the six appellants under section 302/149 for the murder of Shivpal and under section 302/149 of the Indian Penal Code for the murder of Shivnath and rightly awarded each of them the sentence of imprisonment for life on each count. They were also rightly convicted under section 148 of the Indian Penal Code and rightly sentenced to two years rigorous imprisonment each. ( 42. ) FOR the reasons given above, the appeal fails and is hereby dismissed. Convictions of the appellants Desha, Kariya, Girdhari, Baboolal, Halke and chilliya under section 302/149 of the Indian Penal Code on each count for the murders of Shivpal and Shivnath with sentences of imprisonment for life on each count are confirmed. Their conviction under section 148 of the Indian penal Code with sentence of two years rigorous imprisonment is also confirmed. All the sentence shall run concurrently. Appeal dismissed.