N. N. SHARMA, J. ( 1 ) THIS appeal is directed against judgment dated 29/7/1978 by Sri T. P. Gupta, learned V Additional Sessions Judge, Kanpur who convicting appellant under Section 307 read with Section 34 of Indian Penal Code sentence him to seven years rigorous imprisonment. ( 2 ) THE incident was alleged to have taken place on 8th November, 1974 at about 8. 15 P. M. at the gate of bunglow No. 2-A Laxman Bagh Colony, Kanpur when appellant along with two associates in furtherance of their common intention, stabbed Sri Rajat Kumar, I. A. S. Joint Director of Industries, Kanpur (P. W. 6 ). ( 3 ) PROSECUTION story briefly stated is that an anonymous letter (Ext. 1) was received by Sri P. C. Bhatnagar (P. W. 4), Controller of Exports and Imports U. P. , Kanpur against M/s Ung Soe Hoe Co. Kanpur and ten others alleging the said firms to be bogus who had obtained licences from the office of Exports and Imports through Sri Narain Singh Yadav along with his covering letter Ext. Ka5 dated 1st May, 1974. He sent it for enquiry to Sri Rajat Kumar (P. W. 6 ). This enquiry was conducted by Sri Rajat Kumar, Sri B. K. Mehrotra, Joint Director of Industries, Industrial Estate and Sri S. K. Sharma, Assistant Engineer who submitted report Ext. Ka. 6 on 12th October 1974. During the course of enquiry, the committee found that such firms were bogus; Narain Singh Yadav, coaccused of appellant and Gur Dayal Singh appellant, were related to these firms. It was recommended vide Ext. Ka-4, that registration of these eleven firms be cancelled and the facility of supply of raw material and other facilities to them be stopped and penal action should be taken against them. On submission of this report, Director of Industries procured orders from the Government and asked Sri Rajat Kumar to take further action in the matter. Sri Rajat Kumar passed an order Ext. Ka. 8, on 29th October 1974 for de-registration of these units and for taking further action. The Deputy Chief Controller of Imports and Exports was informed by Sri Rajat Kumar in this connection vide letter dated 31/10/1974, Ext. Ka-9. ( 4 ) IT was on 12th October, 1974, at about 9. Sri Rajat Kumar passed an order Ext. Ka. 8, on 29th October 1974 for de-registration of these units and for taking further action. The Deputy Chief Controller of Imports and Exports was informed by Sri Rajat Kumar in this connection vide letter dated 31/10/1974, Ext. Ka-9. ( 4 ) IT was on 12th October, 1974, at about 9. 00 P. M. , when Narain Singh Yadav went to the residence of Sri Rajat Kumar and threatened him with dire consequences as the report was submitted against him by the victim. This fact was brought to the notice of Director of Industries, Kanpur by Sri Rajat Kumar. ( 5 ) ON 30th October, 1974, at about 6. 00 or 6. 30 P. M. , while Sri Rajat Kumar was working in his office, Narain Singh and Gur Dayal Singh reached there and threatened Rajat Kumar to ruin him as he was responsible for the collapse of their business. During the time of threat, Gur Dayal Singh kept standing at the door while Narain Singh was holding out the threat. A secret note about this incident was again sent by Sri Rajat Kumar to Director of Industries vide Ext. Ka- 10 dated 30- 10. 1974. ( 6 ) ON 8th November 1974, at about 8. 15 P. M, Sri Arvind Kumar Verma (P. W. 3), the then Additional Director of Industries, Kanpur along with his wife had come to meet Sri Rajat Kumar and were sitting in his drawing room, one person approached the door of the verandah and told Sri Rajat Kumar that Director of Industries was awaiting for him out side. When Sri Rajat Kumar came out and reached the gate of his compound, he found two other persons including Gur Dayal Singh appellant, standing there, the Director of Industries was not there. Sri Rajat Kumar got suspicious and hastened for his room. After making some gestures, all the three assailants stabbed Sri Rajat Kumar with knives causing grievous injuries on his person. One of the assailants who was well known to Sri Rajat Kumar, was Gur Dayal Singh appellant. Sri Rajat Kumar sustained injuries in his abdomen thigh and arms and raised alarm; victim had also heard two gun shots being fired at that time; whereupon Sri Arvind Kumar Verma etc. , reached there and found Sri Rajat Kumar fallen. One of the assailants who was well known to Sri Rajat Kumar, was Gur Dayal Singh appellant. Sri Rajat Kumar sustained injuries in his abdomen thigh and arms and raised alarm; victim had also heard two gun shots being fired at that time; whereupon Sri Arvind Kumar Verma etc. , reached there and found Sri Rajat Kumar fallen. Sri Rajat Kumar had also heard the utterance by Gur Dayal Singh NARAIN SINGH BHAGOT and all the assailants, including one person who was standing out side, ran away. Victim was carried with his stabbed wounds to his room. On the way, he informed Sri Arvind Kumar that in case something happened to him on account of the stabs, one of the authors of these injuries was Gur Dayal Singh, an associate of Narain Singh Yadav. ( 7 ) SRI Arvind Kumar Verma got victim rushed to L. L. R. Hospital where he was medically examined by Dr. Rakesh Chandra (P. W. 1) in the same evening on 8-11-1974 at 8. 45 P. M. Following injuries were detected on his person: 1 There is an opening on the left side of abdomen 6 from the mid line and 1/2 below the costal margin. Omentum is protruding out through the opening. Slight bleeding from the edges present 1 X incised wound over the anterior aspect left thigh, 6 above the left knee joint. Depth cannot be measured at present. Fresh bleeding present. 3. 1 x 1/2 incised wound (spindle shaped) over the medical aspect of right upper arm, 4 above the medial epicondyle (right ). Fresh bleeding present. Depth cannot be measured at present. Fully conscious Pulse 90/mt. BP 120/60 m. m. of Hq. Adv. Xray abdomen (A. P. ). Opinion: - Injury No. 1; as edges are not visible due to omentum, nature of weapon cannot be judged at present. This injury is grievous. Nos. 2 and 3 are caused by sharp object and are kept under observation. Duration 0-4 hours. vide injury report Ext. Ka-l. ( 8 ) A little after the medical examination of his injuries, Sri Rajat Kumar dictated report Ext. Ka -4 about the occurrence to Sri Arvind Verma who wrote the same and lodged it at the police station in the same night at 9. 15 P. M. The distance of police station from the place of occurrence was about one mile. Ka -4 about the occurrence to Sri Arvind Verma who wrote the same and lodged it at the police station in the same night at 9. 15 P. M. The distance of police station from the place of occurrence was about one mile. On the basis of this report, F. I. R. Ext. Ka-9 was drawn by Clerk Constable Sri Parman and Misra (P. W. 9) who registered the case in the general diary vide Ext. Ka 6. The investigation of the case was initiated by Sri Sharda Dutt Tripathi (P. W. 7 ). ( 9 ) ON the same night, Sri Rajat Kumar was again medically examined by Dr. Nand Lal Tahiliani (P. W. 2) Professor of Surgery, Medical College, Kanpur. The result was as below: 1. A puncurred wound at present in left Hypochomdrium 6 away from mid line 1/2 below the costal margin. Omentum was protruding out through the opening Slight fresh bleeding. 2. 1" x 1/4 incised wound over the anterior aspect of left thigh 6 above the left knee joint. Fresh bleeding. Popliteal art on left side present. 3. 1 x 1/2 incised wound over the pedial aspect of right upper arm 4 above the medial epicondyle right. Fresh bleeding to. Thereafter he performed the operation and found that under injury No. 1 omentum was out, blood was clotted in stomach and omentum was protruding. Regarding injury No. 3, he found that medial circumflex humeral was cut and both the ends of the same were bleeding, and that alongwith it biceps and coraco-brachiel muscles were also cut. He, therefore, found these injuries dangerous to life and could be caused by knife. (vide injury report Ex-Ka 3 ). 11. As the condition of Sri Rajat Kumar was critical, so his statement was recorded by him (Dr. Nand Lal Tahiliani P. W. 2) in the same night on 8-11-1974 at 10-20 P. M. which is worded as below vide Ext. Kha-1. My name is Rajat Kumar, Joint Director, Industries, U. P. Recently I conducted along with another joint Director an enquiry about the existence of certain industrial units and utilisation of imported raw materials. In this connection I received threats from one Narain Singh Yadav that he would cause personal injury etc. This person is connected with enquiry. The facts of the entire matter are known to my Additional Director and Director and also Government. In this connection I received threats from one Narain Singh Yadav that he would cause personal injury etc. This person is connected with enquiry. The facts of the entire matter are known to my Additional Director and Director and also Government. This assault on me is I am sure by his men. This is an attempt to discourage honest enquiry into mis-utilisation of material and a part of intimidating and coercive tactics by an highly organised group of persons. The whole matter should be gone to the very roots of. This is not the personal matter. I do not know this person Narain Singh Yadav although after the enquiry he has twice met me and given threats. This evening at the time of attack there were three persons one of whom was a Sardar. I think his name is Gurdayal Singh and he is perhaps connected with Narain Singh Yadav. Since Sri Rajat Kumar survived his injuries so this statement is not readable under Section 32 (1) of Indian Evidence Act. 13. On completion of investigation, Sri Ranvir Singh (P. W. 10), Inspector, C. B. C. I. D. sent the appellant and another to stand their trial. Narain Singh Yadav has been acquitted by the learned trial Judge. 14. Appellant Gur Dayal Singh denied his connection with the bogus firms; he also denied to have accompanied Narain Singh Yadav on the evening of 30-10-1974 at about 6-00 or 6-30 P. M. to the office of Sri Rajat Kumar while threat was held out by Narain Singh Yadav to wreak vengeance on Sri Rajat Kumar for declaring firm as bogus. He also denied his participation in the occurrence. He had nothing to say about the statement made by Sri Rajat Kumar soon after the murderous assault on him to Sri Arvind Verma. He expressed ignorance about the injuries of Sri Rajat Kumar or the statement of Sri Rajat Kumar made before the doctor or the confinement of Sri Rajat Kumar in the hospital on account of stabs for about one and half month. No evidence was adduced in defence except Ext. Kha-1. Learned trial Judge rightly pointed out that Ext. Kha-1 is not inconsistent with the statement of victim in court. I fully endorse this view of learned trial Judge as the name of Gur Dayal Singh occurs there as the main assailant. 15. No evidence was adduced in defence except Ext. Kha-1. Learned trial Judge rightly pointed out that Ext. Kha-1 is not inconsistent with the statement of victim in court. I fully endorse this view of learned trial Judge as the name of Gur Dayal Singh occurs there as the main assailant. 15. Prosecution examined ten witnesses in support of their case. Sri Rajat Kumar (P. W. 6) and Sri Arvind Verma (P. W. 3) are the main witnesses who testified about the complicity of the appellant in this crime. Sri Prabhat Chandra Bhatnagar (P. W. 4) and other formal witnesses were examined to prove the motive of assault. Prosecution also filed 16 documents including the report of Chemical Examiner and Serologist who detected human blood on Exts. 1 to 4, clothes of Sri Rajat Kumar, sent to him for examination. ( 10 ) LEARNED trial Judge believed the P. Ws. and recorded the conviction and sentence aforesaid. ( 11 ) AGGRIEVED by this decision, the appellant has preferred this appeal. ( 12 ) I have heard Sri K. N. Dwivedi, learned Advocate for appellant and Sri Jagdish Tewari on behalf of State. ( 13 ) ON behalf of appellant, no argument was raised before me to assail the finding of both the doctors who found the injuries of Sri Rajat Kumar sustained by him on 8-11-1974 at 8-30 P. M. to be dangerous and had having been caused by knife. ( 14 ) THE main contention put forward on behalf of appellant was that no conviction was sustainable on the solitary testimony of Sri Rajat Kumar injured specially when there was not sufficient light on the place of occurrence. ( 15 ) A look at site plan Ext. Ka-14 shows the topography. Sri Rajat Kumar (P. W. 6) testified that he knew Gur Dayal Singh from before Sardar Gur Dayal Singh accompanied with Narain Singh earlier also. He was found deeply interested in the units which were found bogus by him after necessary enquiry. The fact that appellant was well known to Sri Rajat Kumar and bad a motive to launch assault has been materially supported by Exts. Ka. 8 and Ka-lo. These documents support the oral statement of Sri Rajat Kumar and falsify the stand of Gur Dayal Singh that he had nothing to do with Narain Singh or with these units. The fact that appellant was well known to Sri Rajat Kumar and bad a motive to launch assault has been materially supported by Exts. Ka. 8 and Ka-lo. These documents support the oral statement of Sri Rajat Kumar and falsify the stand of Gur Dayal Singh that he had nothing to do with Narain Singh or with these units. Sri Prem Narain Dixit (P. W. 8) proved Ext. Ka-lo in connection with the note addressed to the Director of Industries. In that note, Sri Rajat Kumar mentioned about the incident dated 12-12-1974 regarding the visit of Narain Singh Yadav to his residence. All these documents are to be read along with the statement of Sri Rajat Kumar who testified that on the evening of 30. 10. 1974, Narain Singh and Gur Dayal Singh again visited his office and threatened to destroy him as the report went against them. He also mentioned about the topography and the light which was available at the time of murderous assault on him. He made a categorical statement on the point that Gur Dayal Singh stabbed him with knife along with his two associates. Gur Dayal Singh also shouted after the occurrence NARAIN SINGH BHAGO. There is not a whisper of suggestion in the cross-examination of Rajat Kumar or in the statement of Gur Dayal Singh to show that he had any motive for false implication. He has consistently mentioned Gur Dayal Singh as his main assailant. Had he chosen to be dishonest, he could have assigned the main role to Narain Singh. ( 16 ) SITE plan, Ext. Ka-14, proved by Sri Ranvir Singh (P. W. 10) shows that there is Chabutra in front of the building of the house of Sri Rajat Kumar. He further testified about the circular road adjoining the gate of the building. In front of this building on the northern front side there were two electric points fixed in the wall and another electric point was in the verandah of the main building. This verandah has been shown by letter B in the site plan while the scene of occurrence has been shown by letter A and the distance between the two places has been shown as 25 yards. There was no obstruction between the building and the gate. Statements of Sri Rajat Kumar and investigator remained unshaken on this point. This verandah has been shown by letter B in the site plan while the scene of occurrence has been shown by letter A and the distance between the two places has been shown as 25 yards. There was no obstruction between the building and the gate. Statements of Sri Rajat Kumar and investigator remained unshaken on this point. A known figure can be recognised in little light also. So the contention of learned Advocate for the appellant that the bulbs of these points were not taken into possession nor the power was noted by the investigator which shows paucity of light is devoid of force. ( 17 ) MOREOVER, Sri Arvind Verma (P. W. 3) who is a responsible officer has fully corroborated the testimony of Sri Rajat Kumar on the point that one Sarciar was also standing near the gate when he was attracted by the shrieks of Sri Rajat Kumar. It is correct that Sri Arvind Verma did not know Gur Dayal Singh from before his testimony about his witnessing the incident is not lightly discardable. According to him, he found Sri Rajat Kumar fallen 5 or 6 steps within the main gate. Sri Rajat Kumar was bleeding from his injuries. Sri Rajat Kumar also told him saying that he had been stabbed with knife at several places. Just in case some thing happened to him he wanted Sri Varma to know that it had been done by Gur Dayal Singh an associate of Narain Singh Yadav. His testimony finds a material support from the fact that he is the author of first information report and also accompanied Sri Rajat Kumar to the hospital just after the occurrence as is supported by the head note on injury reports Exts. Ka-1 and Ka-3. Investigator also seized blood stained earth from that spot shown by letter d in his site plan. Thus, I have no reason to discard the appreciation of evidence by the learned trial Judge on the point that appellant was rightly held as one of the author of murderous assault on Sri Rajat Kumar at the time, place and in the manner alleged by the prosecution. The statement of Sri Rajat Kumar is consistent through ought as discussed above. The statement of Sri Rajat Kumar is consistent through ought as discussed above. ( 18 ) LEARNED Advocate for the appellant further pointed out that Sri Arvind Verma (P. W. 3) could not identify Gur Dayal Singh in the test identification parade. However, this fact cannot militate against the testimony of Sri Arvind Verma who conceded this fact. However, he added that Sardar was one of the assailants and it could have been a prominent feature of Gur Dayal Singh which could have fixed his identity as is the case of Sri Rajat Kumar throughout. ( 19 ) LEARNED Advocate for the appellant invited my attention to application Ext. 2 dated 15. 1. 1975 in which he sought identification by Sri Rajat Kumar also. However, learned judicial Magistrate after hearing the parties, observed as below: Heard the parties. The accused contended that he is going to be put for identification and he wants that he should be put up for identification by Rajat Kumar. It is clear from the case law that court can give no instruction but at the same time, the prosecution should not ignore the prayer of the accused because if it transpires during trial that this witness did not know him from before, the prosecution may run the risk of losing the case. The same view is taken by the Supreme Court in 1971 A. Cr. R. 508. 1 Let the 1. 0. be informed about the prayer of the accused. Sd. Illegible 17/1. ( 20 ) THUS, the main contention put for ward by the learned Advocate for the appellant was that without such identification of appellant by Sri Rajat Kumar, his testimony was unacceptable. In this connection, reliance was placed upon Shri Ram v. The State of U. P. which posited: No rule of law requires that the oral testimony of a witness should be corroborated by evidence of identification. In fact, evidence of identification is itself a weak type of evidence. But when at the earliest stage the accused himself had asked that an identification parade be held and the demand was opposed by the prosecution and the parade was therefore not held, it is an important point to be considered in his favour. In fact, evidence of identification is itself a weak type of evidence. But when at the earliest stage the accused himself had asked that an identification parade be held and the demand was opposed by the prosecution and the parade was therefore not held, it is an important point to be considered in his favour. A perusal of the facts of that case shall go to disclose that in that case Shri Ram, along with Ram Chandra, had moved an application before the Additional District Magistrate (Judicial) who was conducting the committal proceedings that he was not known to the witnesses. His prayer for identification was opposed by the Public Prosecutor. Learned Magistrate upheld the objection and refused to direct that a parade be held. So it was considered as a circumstance in favour of Shri Ram who had sought identification at investigation stage. In the instant case, Magistrate did not make a definite order about the appellant being picked up by Sri Rajat Kumar. Learned advocate also relied upon 1971 A. Cr. R. 508 where it was observed that if such prayer of the accused was not considered and it transpired during the trial that the witness did not know the accused, the prosecution may run the risk of losing the case. ( 21 ) A similar view was taken in Lajja Ram v. The State, Jadunath Singh v. State of U. P. and Hanif v. State After the decision of the Supreme Court, it is obvious that evidence on record has to be appreciated in the light of the observations made by the Supreme Court. ( 22 ) IT is significant to note that in his statement, appellant never alleged that Sri Rajat Kumar did not know him prior to this occurrence and his prayer for identification by Sri Rajat Kumar was wrongly refused. ( 23 ) THERE is nothing in cross-examination of Sri Rajat Kumar to stigmatise his testimony on the point that he felt shy in picking up Sardar Gur Dayal Singh in test identification parade. He never expressed his reluctance to participate in the test identification parade. ( 24 ) TESTIMONY of Sri Rajat Kumar on this point could have been stated at the time of trial also by Sardar Gur Dayal Singh by mixing 10 or 11 Sardars of the Same description and size etc. He never expressed his reluctance to participate in the test identification parade. ( 24 ) TESTIMONY of Sri Rajat Kumar on this point could have been stated at the time of trial also by Sardar Gur Dayal Singh by mixing 10 or 11 Sardars of the Same description and size etc. Had Sri Rajat Kumar failed to pick up the accused-appellant correctly at the time of trial, this connection of leaned Advocate for appellant could have been weightily. On the other hand, his statement finds material corroboration from the enquiry report Ext. Ka. 8 and his note Ext. Ka-10 sent to the Director of Industries on 30. 10. 1974. Under these circumstances, there is absolutely no reason to think that Sardar Gur Dayal Singh was not a known figure to Sri Rajat Kumar at the time of the murderous assault. There is no reason to disbelieve the testimony of Sri Arvind Verma (P. W. 3) and Dr. Nand Lal Tahaliani (P. W. 2) on the point that just after the occurrence Sri Rajat Kumar consistently nominated the appellant as the main assailant who stabbed him. ( 25 ) SECTION 134 of the Indian Evidence Act does not prescribe any particular number of witnesses required for the proof of any fact. Thus it enshrines the well recognized maxim that Evidence to be weighed and not counted vide Vadivelu Thevar v. The State of Madras, which still rules the day. ( 26 ) IN the aforesaid authority three categories of witnesses were pointed out and there is no reason to hold that Sri Rajat Kumar is not wholly reliable witness. ( 27 ) IN assessing the credibility of any witness the main considerations are (I) his integrity, (2) his ability and (3) consistency with each other, the conformity of his testimony with experience and its corroboration by prompt first Information Report, medical evidence consistent statements and other collateral circumstances. ( 28 ) HAVING regard to the aforesaid yardstick it is obvious that testimony of Sri Rajat Kumar meets all the aforesaid considerations. ( 29 ) APPELLANT had a strong motive to participate in this occurrence and it was not a case of mistaken identity. ( 30 ) SO learned trial Judge rightly held that all the ingredient of the offence Under Section 301 read with Section 34 of the Indian Penal Code have been fully made out against the appellant. ( 29 ) APPELLANT had a strong motive to participate in this occurrence and it was not a case of mistaken identity. ( 30 ) SO learned trial Judge rightly held that all the ingredient of the offence Under Section 301 read with Section 34 of the Indian Penal Code have been fully made out against the appellant. ( 31 ) ON the point of sentence, it is obvious that such a premeditated unprovoked murderous assault on a public functionary simply because he was acting honestly and sincerely in the discharge of his official duty is seriously 6. 1957 Cr. L. J. 1000. noticeable. So the sentence awarded cannot be regarded as excessive and must stand. ( 32 ) IN the result, the appeal is dismissed. Conviction and sentence recorded by learned trial Judge are affirmed. ( 33 ) APPELLANT Gur Dayal Singh is on bail. Let him surrender to his bail bonds forthwith and be taken into custody to serve out the sentence aforesaid. Appeal dismissed. .