Judgment Ram Naresh Thakur and P.B.Prasad JJ. 1. On behalf of the appellants it is so submitted that appellant Fekan Bind is already dead and this fact is not controverted by learned counsel for the State. Therefore, the appeal, In respect of appellant Fekan Bind abates. Rest of the two appellants, namely, Bishundeo Bind and Tanik Bind have been convicted under sections 302/34 of the Indian Penal Code and both of them have been sentenced to undergo rigorous imprisonment for life They have been further convicted under sec. 201 of the Indian Penal Code and each of them has been sentenced to undergo rigorous imprisonment for five years. Both the sentences have been directed to run concurrently. 2. The prosecution story, as told by P.W. 6 Indradeo Mahto is that in the night of 23rd July, 1975, he was sleeping in the field of Pramode Singh which he had cultivated on Batai. At about midnight he heard the sound of bomb explosion. He woke up and went towards the hut of deceased Bishundeo Mahto. When he reached there, he found 10 to 12 persons surrounding his hut. Bishundeo was crying that these appellants including persons were killing him. The cry stopped thereafter. The mobsters dragged the dead body of Bishundeo after tying it with a rope and took it towards south. It is further said that the wife and the daughter of the deceased were also taken away by the appellants and other members of the mob. He chased them but they threw a bomb due to which he and other chasers kept aside. He could identify the appellants. He has further said that he had heard the cries of the wife and the daughter of the deceased and they also kept silent thereafter. Subsequently he went to the river and found some blood there but did not find any dead body. Then he returned to the hut of the deceased where also he found sufficient blood. He claimed to have identified the appellants in the light of his torch and lantern. He had also a lantern in his hand. 3. On 27th July, 1975, he (P.W. 6) went to the police station along with his mother lodged a case. He could not go to the police station earlier as he could not get a boat. He claimed to have identified the appellants in the light of his torch and lantern. He had also a lantern in his hand. 3. On 27th July, 1975, he (P.W. 6) went to the police station along with his mother lodged a case. He could not go to the police station earlier as he could not get a boat. P.W. 11, the officer-in-charge of Teghra police station, after instituting the case, took up the investigation. On 28th July, 1975, a dead body was recovered from the river which was said to be the dead body of the deceased Bishundeo Mahto. P.W. 9 conducted the post-mortem examination over the said dead body. P.W. 11, after completing the investigation, submitted charge-sheet against these two appellants and accused Fekan Bind whose appeal has abated. 4. Subsequently the three accused persons were put on trial where 11 witnesses were examined on behalf of the prosecution. The appellants denied the allegation and pleaded their innocence. Prom the cross examination of the prosecution witnesses the further case of the appellants appears to be that the deceased might have been killed while committing dacoity as he was a criminal. 5. P.W. 9 conducted the post-mortem examination on the dead body of the deceased on 29th July, 1975, when he was posted as Civil Assistant Surgeon at Begusarai hospital. The dead body was identified by P.W. 6 and two constables. According to the doctor, the dead body was in a state of advanced decomposition; soft tissues and skin above the neck were absent, bones and jaws were devoid of any soft tissue covering. In all 31 teeth were present and the following ante-mortem injuries were found: (i) Wound in front of neck with fracture of cervical vertebra. Soft tissues of neck were absent. The head was joined with the neck by skin only in the posterior half of neck. (ii) Right upper limb was represented by the bones of fore-arm only. Rest of bones and soft tissues were absent. (iii) Whole of posterior half of soft tissues of right thigh was absent exposing the femur. (iv) Right fore-lateral metatarcal bones exposed with corresponding toes of foot was missing. (v) Right ankle was exposed posteriorly 4" x 3", wound of soft tissues only. (vi) Wound 4" x 3" on the side of left lumber region. The peritoneal cavity contained pieces. (iii) Whole of posterior half of soft tissues of right thigh was absent exposing the femur. (iv) Right fore-lateral metatarcal bones exposed with corresponding toes of foot was missing. (v) Right ankle was exposed posteriorly 4" x 3", wound of soft tissues only. (vi) Wound 4" x 3" on the side of left lumber region. The peritoneal cavity contained pieces. The pelvic and descending colon were found transected and rest of viscera was in a state of advanced decomposition. The different parts of guts were not identifiable. According to the doctor, no definite opinion could be given as to the cause of death as the body was in state or advanced decomposition. The time of death was within a week approximately. Wounds mentioned above could not be assessed as to whether they were antemortem or post-mortem due to decomposition and loss of surrounding tissues. The postmortem report 1, Ex. 2. In cross-examination he has said that for a doctor conducting postmortem examination. It was not possible to identify the body in a state of decomposition because the doctor did not know the deceased in the state and basis of decomposition. The doctor has further said that because of decomposition it was difficult for him to say if the lost of skin was due to decomposition or any bomb blast. He did not find any sign of injury by bomb explosion. According to him, if the death was due to bomb explosion there would have been injuries by such explosion. 6 Learned counsel appearing for the appellants has submitted that the body which was recovered was not in a position to be identified due to decomposition; but P.W. 6., who is the brother of the deceased, has said that he identified the dead body to be of his deceased brother Bishundeo. Therefore, the contention of the appellants that the dead body was not identified cannot be accepted. The statement of P.W. 6 on this point of identification has not been shaken, Even the post-mortem report (Exhibit 2) shows that the dead body was Identified by this witness (P.W. 6). Therefore, we find and hold that the dead body which was recovered was of the deceased Bishundeo Mahto. 7. Now the question remains as to whether Bishundeo was killed by these appellants. Admittedly there is no eye witness of the occurrence. Therefore, we find and hold that the dead body which was recovered was of the deceased Bishundeo Mahto. 7. Now the question remains as to whether Bishundeo was killed by these appellants. Admittedly there is no eye witness of the occurrence. The only evidence, available on the record, is that witnesses heard the cry and thereafter the cry stopped and they found the appellants and other mobsters taking away the dead body of the deceased towards the river. The informant has admitted that he had found an injury on the neck with sharp cutting weapon. Even the inquest report shows that there was an injury of sharp cutting weapon. But the doctor who conducted the post-mortem examination was not in a position to say as to how the injuries were caused due to decomposition of the body. It has come in the evidence that some bombs were exploded in the Angan and P.W. 11 also has said that he found signs of bomb explosion in the Angan. Of course, the informant could not be examined due to her death but the first information report has been admitted in evidence and it has been marked as an exhibit in the case. Not a word his been said in the first information report that any bomb was exploded at the time of the occurrence. We are conscious of the fact that in absence of the evidence of the informant, statements made in the first information report cannot be used; but the fact remains that the informant is dead and the first information report has been brought on the record by the prosecution. Therefore, the first information report cannot be lost sight of, which contains the earliest version of the occurrence and in a criminal trial, the earliest version has its own importance for just decision of the case. In that view of the matter it is very difficult to say whether these appellants were responsible for the death of deceased Bishundeo Mahto. When there is nothing to show that they had any weapon in their hand. Of course, P.W. 6 has said that the deceased was crying that these three persons including the appellants were killing him (the deceased) but this is also not mentioned in the first information report. When there is nothing to show that they had any weapon in their hand. Of course, P.W. 6 has said that the deceased was crying that these three persons including the appellants were killing him (the deceased) but this is also not mentioned in the first information report. But their is evidence that the witnesses saw these two appellants alongwith the members of the mob taking the dead body of Bishundeo towards the river and thereafter the dead body was recovered from the river on 28th July, 1975. On this point there is the evidence of P.Ws. 4, 5 and 6 who are named in the first information report and nothing has been shown to us to show that these witnesses especially P.Ws. 4 and 5, had any animosity with these appellants from before. Therefore, we accept the evidence of these three witnesses in respect of the fact that they saw these appellants alongwith the members of the mob tailing away the dead body of Bishundeo Mahto and throwing it in the river in order to screen the offence and the offenders. 8. As regards the murder of the wife of deceased Bishundeo Mahto and his daughter also, there is no direct evidence. It has been simply said that they heard their cries and thereafter the cries stopped. It is said that they were killed near the bank of the river. Though there was blood in the sight of the occurrence but the Investigating Officer did not find any blood. No trace has been found out of the two ladies. Therefore, it is very difficult to say whether they are dead or alive. But the fact remains that they are not available at present. 9. Much has been argued on the point that there was delay in lodging the first information report. The occurrence is alleged to have taken place in the month of July and there is evidence that it was flood season in Bihar, the months of July and August are the period of rainy season and there is nothing unnatural that there was flood at that time. It has also come in evidence that the place of occurrence is just near river Ganga. Therefore, there is nothing unnatural that it was not possible to go to the police station soon after the occurrence. 10. It has also come in evidence that the place of occurrence is just near river Ganga. Therefore, there is nothing unnatural that it was not possible to go to the police station soon after the occurrence. 10. Taking into consideration all the facts and circumstances appearing in the case, we find that the offence under sec. 302/34 of the Indian Penal Code against these two appellants cannot be said to have been proved beyond all reasonable doubts. Accordingly, they are entitled to get the benefit of doubt and, therefore, they are acquitted of this charge. But their conviction under sec. 201 of the Indian Penal Code, for the reasons stated above, is confirmed. 11. As regards the sentences, the life imprisonment awarded to the appellants under sec. 302/34 of the Indian Penal Code, in view of their acquittal for this charge, is set aside. So far the sentence awarded under sec. 201 of the Indian Penal Code is concerned, it appears that the appellants were convicted on 30th November, 1983, and were remanded to jail custody. During the pendency of the appeal, they have been released on bail the occurrence is alleged to have taken place in the year 1975. Taking into consideration all these facts, we think that the period already undergone by these two appellant will meet the ends of justice. Their sentence for the conviction under sec. 201 of the Indian Penal Code is, accordingly, reduced to the period already undergone. 12. With the above modification in the order of conviction and sentence the appeal of these two appellants, namely Bishundeo Bind and Tanik Bind, is dismissed. These appellants, if not wanted in some other case, will be released from jail custody forthwith.