GULAB C. GUPTA, J. ( 1 ) THE appellant Bhagwandas has been convicted for an offence under Section 307 I. P. C. and sentenced to four yearst rigorous imprisonment by judgment dated 15-2-1980, passed by Shri S. C. Agrawal, Second Additional Sessions Judge, Sagar, in Sessions Trial No. 202 of 1979. The appellant, being aggrieved with the same, is challenging the said conviction and sentence in this appeal filed under Section 374 (2) Criminal Procedure Code. ( 2 ) THE prosecution case was that the appellant Bhagwandas had stolen a sum of Rs. 80/- only belonging to the complainant Nathuram, The complainant did not report the matter to the police, but persuaded the appellant to return the money. The appellant returned the amount of Rs. 80/- to the complainant Nathuram the next day, and ever since then, was having ill-will against Nathuram. On 14. 6. 1979, at about 9. 00 P. M. , complainant Nathuram was resting on a cot in front of the Panshop of Kanchedi (P. W. 4), when the appellant reached the spot with an axe in his hand, abused him and caused two injuries. Nathuram started bleeding and became unconscious. Kanchedilal (P. W. 4) arranged a tempo and carried Nathuram to the police-station. First Information Report was lodged by Kanchedilal at 11 P. M. on the date of the incident, which is Ex. P-8. The complainant was sent for medical examination and was examined by Dr. Khan (P. W. 2) at 11. 15 P. M. The doctor found two incised wounds on his person. According to his report, the patient was drowsy and unable to speak. On the basis of memorandum, containing information furnished by the appellant (Ex. P- 1), the axe which is said to be the weapon of offence, was recovered in the presence of witnesses. Seizure-memo (Ex. P-12) is dated 21-6-1979. After investigation, the charge-sheet alleging an offence under Section 307 I. P. C. was presented. ( 3 ) DURING the trial, the prosecution examined 11 witnesses and filed 15 documents. The learned Sessions Judge, relying on the evidence of P. W. 2 Dr. Khan, concluded that the injuries found (In the person of the complainant Were caused by a sharp edged weapon within three hours and were sufficient in the ordinary course of nature to cause death. P. W. 3 Dr. The learned Sessions Judge, relying on the evidence of P. W. 2 Dr. Khan, concluded that the injuries found (In the person of the complainant Were caused by a sharp edged weapon within three hours and were sufficient in the ordinary course of nature to cause death. P. W. 3 Dr. Tandan had taken the X-ray of the skull of Nathuram on 15-6-1979 and found a depressed fracture on left parietal bone. Relying on the evidence of the eye-witnesses, particularly P. W. 4 Kanchedilal and P. W. 7 Gorelal, the learned Judge found that the appellant had caused the injures. On the aforesaid findings, the appellant was convicted and sentenced as stated above. ( 4 ) IT has been submitted on behalf of the appellant that the incident has taken place in the night at 9-00 OTclock. P. W. 4 Kanchedilal had already closed his shop. There was no sufficient light on the spot which may enable die witnesses to properly identify the appellant. The fact that the place was dark, is also said to have been proved by the evidence of P. W. 8 Sundarlal, and defence witnesses. A perusal of the evidence of Nathuram shows that he was resting on the cot in front of the shop of Kanchedilal. Kanchedilal was also lying with him on the same cot. He has said that street light was there on the road at a close distance from the place we was resting. He apparently knew the appellant from before the date of the incident. The appellant, according to this witness, had come to him and gave abuses, whereby he opened his eyes. It was at that time that the injuries were inflicted upon this witness by the appellant. This evidence shows that the witness had seen the appellant from a close quarter. He has stuck to this version even in cross-examination. P. W. 4 Kanchedilal has fullycorroborated this story. According to him, the street light wait at distance of 5 to 10 paces. Evidence of these two witnesses sufficitly establishes they had identified the appellant from a close quarter. Their evidence further establishes that the appellant had first abused and, thereafter, inflicted injuries. A person known from before could even be identified in darkness, if he abuses as in the instant case. Under the circumstances, there would be no difficulty for the aforesaid two witnesses in identifying the appellant. Their evidence further establishes that the appellant had first abused and, thereafter, inflicted injuries. A person known from before could even be identified in darkness, if he abuses as in the instant case. Under the circumstances, there would be no difficulty for the aforesaid two witnesses in identifying the appellant. In this view of the matter, not much can be made out of the evidence of P. W. 8 Sundarlal, Sundarlal admits that there is an electric pole at a distance of about 50 paces from the shop of Kanchedilal, but says that, on that date, there was no electricity and, hence, there was no light. He is a labourer and not the in-charge of the electricity department. It is not understood as to how he was giving the evidence on this point. His evidence, at the most, would be hearsay version and, hence, not of much Consequence. It is, no doubt, true that P. W. 1 Chhotelal, who is, a Up-a-Sarpanch of Makroniya Gram-Panchayat, had tried to support the evidence of P. W. 8 Sundarlal by stating that from 16-12-1978 to 6-12-1979, the electric supply had been disconnected on account of non-payment of the bill. He, however, could not stand the cross-examination and admitted that the place where Kanchedilal keeps his Pan-shop, remains lighted because of the electric light at a distance. He admits that the first bulb was at a distance of 20 paces from the shop of Kanchedilal and that bulb remained always lighted. This evidence is sufficient to discard the entire argument of the learned counsel, that because of the darkness, it was not possible for the eye-witnesses to properly identify the accused person. It must be held that there was enough light on the spot and, hence, there was no possibility of any mistaken identification. ( 5 ) THE name of the appellant is mentioned in the First Information Report which has been lodged within three hours. The memorandum (Ex. P-li) points to his making the statement leading to recovery of axe vide Ex. P-12. The axe is stained with human blood, as found by Ex. P-15. These circumstances, coupled with the evidence of eye-witnesses, sufficiently and conclusively establish that it was the appellant who had caused the injuries. Under the circumstances, the appellants conviction under Section 307 I. P. C. is correct and confirmed. P-12. The axe is stained with human blood, as found by Ex. P-15. These circumstances, coupled with the evidence of eye-witnesses, sufficiently and conclusively establish that it was the appellant who had caused the injuries. Under the circumstances, the appellants conviction under Section 307 I. P. C. is correct and confirmed. ( 6 ) IT was lastly submitted that the appellant is a young person without any record of criminality and, hence, deserves to be given a lenient sentence. The appellant has caused injuries on the head by axe. Under the normal circumstances, the complainant would have died. It is only the Gods grace, which has saved him. The manner in which the incident had taken place, does not call for mercy or leniency. A sentence of four years rigorous imprisonment for such an offence is nothing but a lenient sentence. Under the circumstances, no interference with the sentence is called for. ( 7 ) THE appeal fails and is dismissed. The appellant is required to surrender before the Chief Judicial Magistrate, Sagar, and serve the sentence. Appeal dismissed. .