JUDGMENT Kotwal J. - It is a very Pathetic scene to find in this proceeding that the mother lost one son while the other son is claimed to be the assailant and all this happened practically in her presence. The family in question was residing at village Aasde in Mulshi taluka of Putle district. The mother, who had lost her husband long back was staying with her sons, who however, were staying separate. The deceased Pandu was one of the sons while the appellant-accused Baban is the other Pandu has deserted his first wife and had married Babibai (P.W. 1) and was staying with her since last about 10 years and the couple was placed with a child. Somehow or other Baban the other brother i.e. the appellant disliked Pandu's behaviour in deserting first wife and he was trying to persuade Pandu to desert Babibai and cohabit with first wife, which Pandu declined. Apparently except this there was no disharmony in the family. Inspite of that the incident occurred in a very unexpected manner on 17th March 1984, which was festive occasion of Dhulwad i.e. next day of Holi. Pandu and his wife as also appellant and his wife i.e. the said two couples had gone to Bazar to make purchases. They returned to the vasti at about 5 p.m. Somehow or other the appellant thereafter asked Pandu to desert Babibai and cohabit with his first wife. This enraged Pandu because he had declined repeatedly and Pandu is alleged to have inflicted one stick blow on the head of Baban. The incident ostensibly was closed at that time, which however, was not in reality. 2. Some time at about 11 p.m. or so on that same night to the surprise of everyone and Pandu, Baban was found at the entrance of their house calling out Pandu. Pandu therefore, went out and he was wearing only under pant. The accused started abusing him may be on account of evening incident. The accused then alleged to have gone to his house which adjoins that of Pandu and brought a sickle. Realising the weapon in the hand of accused Pandu became apprehensive and conscious of the design of the accused and started running. He ran towards the temple in self protection. The accused then alleged to have gone to his house which adjoins that of Pandu and brought a sickle. Realising the weapon in the hand of accused Pandu became apprehensive and conscious of the design of the accused and started running. He ran towards the temple in self protection. However, somehow or the other as the ill-luck would have it, he was intercepted and overpowered by the accused close to the temple and immediately he inflicted two sickle blows one on the chest and the other on the head on account of which Pandu collapsed and death was practically instantaneous. Pandu's wife Babibai after seeing the sickle in the hand of accused outside her house also started running after the husband and in that process she saw one blow being inflicted on the head of Pandu by the appellant. She, therefore, cried and shouted which were heard by her mother-in-law Ansabai who was in the hut nearby. Pandu's mother therefore rushed to the spot towards the temple where Babibai was waiting and saw the body of Pandu, who was by then dead. The mother also saw the other son Baban running away from the spot with the sickle. She had Babibai then brought the dead body of Panda to the house and she went to village to inform the Police Patil. 3. By that time some people had assembled near the house of one villager nearby participating in devotional songs and amongst them was the Police Patil Dhondu Bharam and his son Balu Dhondu Bharam. However, the Police Patil left the said programme in between while the son continued. His son then heard the shouts and commotion and he went towards the temple and saw Ansabai and Babibai and the dead body of Pandu. On being questioned Ansabai told Balu that her other son Baban tilled her son Pandu. Balu then went to his house and informed the father-the Police Patil, who however, did not rush to the spot on that same night. Balu again joined the group to recite the devotional songs. 4. In the early hours of the morning Police Patil went to the hut of Ansabai and saw the dead body of Pandu, who was already dead. He was also told by Ansabai and Babibai that the appellant Baban had killed Pandu with sickle. Balu again joined the group to recite the devotional songs. 4. In the early hours of the morning Police Patil went to the hut of Ansabai and saw the dead body of Pandu, who was already dead. He was also told by Ansabai and Babibai that the appellant Baban had killed Pandu with sickle. The Police Patil therefore went to Paud Police Station and lodged his complaint Exhibit 8 on the basis of which offence was registered against the accused and police arrived at the scene and investigation commenced. The inquest was drawn and dead body was sent for autopsy. Statements of various witnesses including Babibai and Ansabai were recorded. On the same day accused was arrested. The blood stained clothes on his person were attached at the time of his arrest under the panchnama. It is further alleged that on the same day the accused produced the sickle and in due course blood stained clothes and sickle were forwarded to the Chemical Analyser, who certified that the blood on the two apparels of the accused and the sickle discovered by the accused were stained with human blood with 'O' group which is admittedly that of the deceased. After completing the investigation the accused was charge sheeted and ultimately he faced the trial in Sessions Case No. 123 of 1984 before the Additional Sessions Judge, Pune for an offence under section 302 of the Indian Penal Code for causing murder of Pandu on that night. 5. Total denial is in short the defence of the accused. In fact he has dented every allegations. Thus he denies the evening incident and even denies that he has assaulted Pandu. Obviously he denies the night incident and contends that he has been falsely implicated especially by Babibai, who had a grudge against him. He denied that any blood stained clothes were found on his person and he also denies the discovery of sickle. He thus claimed to be innocent. The learned trial Judge accepted the prosecution evidence and held that the accused had inflicted two blows on the person of Pandu, which proved to be fatal and thus was responsible for murder. In keeping with this finding he convicted the appellant under section 302 of the Indian Penal Code and imposed a sentence of imprisonment for life. The learned trial Judge accepted the prosecution evidence and held that the accused had inflicted two blows on the person of Pandu, which proved to be fatal and thus was responsible for murder. In keeping with this finding he convicted the appellant under section 302 of the Indian Penal Code and imposed a sentence of imprisonment for life. It is this order dated 5th February, 1985 that is being placed under challenge in this appeal on behalf of the original accused. 6. Shri P.M. Shah, the learned counsel appearing for the appellant-accused mainly contended that the evidence of Babibai does not inspire confidence and in addition there to, she cannot be treated as independent witness and also had a grievance against the appellant. He also criticised the evidence of alleged discovery and finding of blood stained clothes. Shri Shinde, the learned Public Prosecutor for the State adopts more or less the same reasons as assigned by the learned trial Judge submitting that the evidence of the witnesses is trustworthy. 7. The most material evidence in this case is that of Babibai (P.W. 1) who is alleged to have seen the incident She is corroborated to a large extent by the evidence of no other person than Pandu's mother Ansabai and there is also corroboration in the shape of immediate disclosure by these two ladies first to Balu-son of the Police Patil and then Police Patil himself. Further corroboration finds place in the Police Patil lodging the complaint at Paud Police Outpost, which reflects the name of the accused as perpetrator of the crime. There is also evidence of finding of blood stained clothes on the person of accused and discovery of sickle, the articles having been stained with human blood of 'O' group which is that of Pandu. 8. In so far as Babibai (P.W. 1) b concerned she is widow of Pandu She frankly admits that Panda has deserted his first wife and married her and she has been staying with Pandu for last to years and the couple was blessed with a child. She also admits that there were no quarrels as such in the past. However, on that day i.e. 17th March 1984 after the two couples viz. She also admits that there were no quarrels as such in the past. However, on that day i.e. 17th March 1984 after the two couples viz. Pandu and herself and appellant and his wife had returned from Bazar after making purchases, the appellant all of a sudden questioned Pandu as to why he was staying with Babibai whereas he should cohabit with his first wife and desert Babibai. This enraged Pandu who insisted that he would not do any of such things and thereafter Pandu inflicted one stick blow on the head of appellant Baban sustaining an injury. The parties then dispersed. Babibai then refers to what happened on that night. At about 11 p.m. accused came to their house and called out Pandu. Pandu was wearing only underpant and responded the call of the accused and went out. The accused then went to the adjoining hut occupied by him and brought sickle and started-abusing Pandu. Pandu thereafter realised evil design of the accused and started running for his life. He ran towards the temple, who has been chased by the accused. She being apprehensive of the safety of her husband also started running after them. In that process she saw accused inflicting one blow of the sickle on the head of Pandu on account of which Pandu collapsed on the ground. Babibai then left the spot shouting for help. Her mother-in-law came there. She narrated what happened to Ansabai. She also narrates that son of Police Patil Balu came, who was told by them about the incident and in the early morning Police Patil came there. He was also apprised of the same. She identified the underpant which was on the person of Pandu at that time. 9. The important feature that if to be noted in this case is that the witness is more natural and there is hardly any effective cross-examination even to doubt their credibility. The discrepancy was sought to be brought on record from the evidence of this witness to the effect that she tried to suggest in examination-in-chief that the accused when first came was unarmed and he went to his own hut and brought sickle, whereas in cross-examination she stated that the accused had brought sickle with him and she was confronted with her statement before the police, which was in consonance with her examination-in-chief. It cannot be overlooked that the hut of the accused adjoins that of Pandu. Therefore bringing side from hut hardly makes any difference. She is positive about the evening incident and made no secret of the fact that Pandu assaulted the appellant with stick on the head. She has not suppressed that feature. Now it is worth noting that even before the arrest of the accused her statement was recorded by the police on the very next morning and this evening incident finds place prominently in that statement. At that time therefore, she did not know as certainty whether Baban the appellant had sustained any injury on the head. We would presently point out that the accused was examined by Dr. Sharma, who did find that injury on the head of the appellant and this goes a long way to support the testimony of Babibai, who could not have imagined that story. There is no material contradiction or omission in that behalf. Same deficiency is followed by the defence regarding night incident as nothing has been elicited in the cross-examination to discredit the witness. There are no material contradiction or omissions. Shri Shah, learned counsel submitted that Babibai refers to only one blow having been inflicted as seen by her whereas the medical evidence shows that there were two injuries inflicted by two separate blows. Babibai refers to the blow on the head and not on the chest. It however cannot be overlooked that both the injuries were caused atleast simultaneously and in quick succession and could have been caused only by the same assailant because immediately thereafter Pandu collapsed and Babibai asserted that she saw two injuries on the person of Pandu. Therefore it is but natural to hold that both the injuries were inflicted by one and the same assailant. It cannot be overlooked that Babibai was running behind the accused and Pandu was being chased and ultimately overpowered by the appellant, in that Babibai might have missed the first blow and could not have missed the second blow as by that time she might have reached at close distance from the appellant and victim. It was suggested to her that that being Dhulwad day Pandu had consumed liquor in excessive quantity and that in a drinking brawl somewhere also he might have sustained that injury. It was suggested to her that that being Dhulwad day Pandu had consumed liquor in excessive quantity and that in a drinking brawl somewhere also he might have sustained that injury. However, the medical evidence does not indicate that any alcohol traces were found and Doctor also did not find any symptom of Pandu having consumed alcohol. The suggestion is a bald one without any substance. We therefore do not find any reason whatsoever even to doubt veracity and credibility on merits of Babibai's evidence. Her statement was recorded immediately on the next morning even before the arrest of the accused. Merely because she is wife of Pandu ipso facto that does not mean that the evidence cannot be accepted. It cannot be overlooked that she is most natural witness as the reaction was equally natural that she was running after the husband being apprehensive of the safety. Under the circumstances, her evidence is fully trust-worthy. This is not the end of the matter because this aspect is corroborated by various circumstances. 10. In our opinion, the most significant evidence is given through the evidence of mother of the deceased and accused viz., Ansabai (P.W. 2). It is really pathetic for the mother who had seen her son being killed by other son and she has ultimately to give evidence against her own son. She, however, mustered courage and gave out whole truth without any blemish whatsoever howsoever agonizing it might be to her. She is in that sense most natural witness in the case. The defence, obviously could not even inferentially allege anything against her for false involvement as normally she would have been most reluctant to involve her son unless it was a reality. She did not know anything about the evening incident. As regards the night Incident she stated that she heard shouts emitting from temple side which were those of Babibai and therefore she went towards that Spot where she found Babibai standing where Pandu had fallen down with two bleeding injuries on his person. Not only that but she actually saw Baban running away from the spot and she has also described the clothes of the accused being shirt and pyjama and the importance lies in the fact that same clothes were found at the time of arrest, and the blood stains are certified to be that of the deceased. Not only that but she actually saw Baban running away from the spot and she has also described the clothes of the accused being shirt and pyjama and the importance lies in the fact that same clothes were found at the time of arrest, and the blood stains are certified to be that of the deceased. She further narrates that Balu Police Patil soon came on the spot and she told him that Baban bad killed Pandu. In the morning Police Patil came and same information was disclosed. Her statement was also recorded on the next morning. Surprisingly there is hardly any cross-examination worth the name so far as this witness is concerned. A suggestion was put to her that the people of that community consume liquor in large quantity on such festive occasion. She did not deny the same but she denied the suggestion that her son had consumed alcohol. There is no serious challenge to her evidence on all the other points. There is absolutely not a single contradiction or omission with reference to her police statement. She is also most natural witness. Her evidence therefore is very material on the following counts: (i) She heard shouts of Babibai emitting from near the temple. (ii) Her presence at the spot was most natural at that point of time. (iii) When she reached the spot near the temple, she saw Babibai standing there crying and weeping while Pandu's body was lying on the spot with two injuries on his person. (iv) She saw her son Baban the appellant turning away from the spot and she identified the clothes on his person. (v) She narrated the same incident to Balu son of Police Patil on the same night and to Police Patil in the early hours of the morning. It would thus be manifest that Babibai herself had seen the incident which is worthy of acceptance while Babibai is supported by Ansabai mother-in-law because latter's evidence establishes the presence of Babibai near the temple where the dead body was lying and further corroborates Babibai's evidence because Ansabai had seen Baban the appellant running away from the spot. 11. It would thus be manifest that Babibai herself had seen the incident which is worthy of acceptance while Babibai is supported by Ansabai mother-in-law because latter's evidence establishes the presence of Babibai near the temple where the dead body was lying and further corroborates Babibai's evidence because Ansabai had seen Baban the appellant running away from the spot. 11. Both these witnesses are further corroborated by the evidence of Balu Bharam (P.W. 8) son of Police Patil, According to him he had gone to the place of one of the persons in the village to participate in singing devotional songs when he heard the shouts and commotion from near the temple. He went there when be saw the dead body of Pandu and he asserts that Babibai and Ansabai told him that Baban the appellant killed Pandu with sickle. His statement was also recorded soon on the next morning and we do not find any reason to discard his evidence. Thus he corroborates two ladies by their conduct in immediate disclosure even of the name of the appellant as being the appellant. There was no time for concoction or deliberation because no villagers had collected there. 12. Balu Bharam is further corroborated by the evidence of police Patil Dhondu Bharam (P.W. 3). According to him some time after mid-night his son Balu came to the house and told him about the incident and that Baban having killed Pandu. He did not go to the spot on the same night but went at about 5 a.m. saw the dead body and questioned the ladies, who told him specifically that Baban had killed Pandu. Thus Balu is corroborated by father by making the disclosure to him as to what was told to Balu by Babibai and Ansabai. Police Patil himself had gone to the spot and same disclosure was made by Ansabai to the Police Patil without being tutored. There was nothing in the cross-examination of the Police Patil to discredit him and he is an independent witness. He is further corroborated by his own complaint Exh. 8, which he lodged in the morning at Paud Police Outpost, wherein this entire story is reflected including the name of the appellant as assailant. That is how the chain becomes complete. 13. He is further corroborated by his own complaint Exh. 8, which he lodged in the morning at Paud Police Outpost, wherein this entire story is reflected including the name of the appellant as assailant. That is how the chain becomes complete. 13. Having regard to this state of evidence which is much clinching under the circumstances we find hardly any reason even to doubt it and, therefore, the learned trial Judge was fully justified in accepting the evidence which in turn would fully involve the accused as the perpetrator of the crime. The motive as suggested is the evening incident where Pandu on account of being enraged assaulted the appellant on the head. The denial of the appellant in that behalf carries no conviction because there is positive evidence of Dr. Sharma (P.W. 5) supported by medical certificate Exh. 15. According to Dr. Sharma accused was examined on 19th March and he noticed contused lacerated wound on the frontal region and an abrasion over the scalp, and these injuries could have been caused by one single blow with stick, which could have been caused on 17th the doctor is positive in his assertion that these injuries could have been caused by stick and could relate back to 17th. There is no reason for the medical officer to give any false certificate. Thus this medical evidence goes a long way to corroborate the evening incident as deposed to by Babibai and there is positive anxiety on the part of the accused to deny the same. 14. Further corroboration finds place in three items of evidence and Post Mortem Notes Exhibit 10 when autopsy was carried by Dr. Lalbegi (P.W. 4). He noticed two external injuries, one on the head and one on the chest. The head injury was more serious the dimensions being 4" in length and 1/2" in depth. It was on vertex and it caused internal damage corresponding to that injury under the scalp where brain was also damaged. The other injury was on the chest being 8” in length and 1” in depth and 4th and 5th ribs were fractured. There were three abrasions also found externally. The internal injury was under the scalp causing damage to the brain corresponding to the vertex injury and ribs were also fractured corresponding to the chest injury causing damage to the internal organs. The death was practically instantaneous. There were three abrasions also found externally. The internal injury was under the scalp causing damage to the brain corresponding to the vertex injury and ribs were also fractured corresponding to the chest injury causing damage to the internal organs. The death was practically instantaneous. The Medical Officer is supported by the Post Mortem Notes. What is of importance is that the chest injury gave shape as curve wound and dimensions also mate it very clear that the weapon used must have been curved one and it fits In with the description of sickle. It is true that Babibai gave an admission that sickle that was discovered by the accused may not be the, same because one that was actually used was a smaller one Shri Shah, the learned counsel, very much relied on the same. We however, find no relevance or any infirmity in that behalf. It cannot be overlooked that Babibai was running and while running she saw the sickle being inflicted. Though there was full moonlight. Babibai was not expected to see the dimensions of weapon and such an unsophisticated witness obviously may commit a mistake. We do not therefore, attach any importance. Any way the medical evidence supports the ocular account given by Babibai. 15. Then we have the evidence of Balu (P.W. 8) son of Police Patil, who acted as a panch at the time of arrest of the accused on the same afternoon. The panchnama is at Exhibit 21. At that time the accused was wearing pyjama and shirt both of which had blood stains. Those were sent to the Chemical Analyser, who certified that not only human blood was detected, but it had 'O' group which was admittedly the group of Pandu, the deceased. There were enumerable stains on the pyjama and some stains on the shirt. It is true that the blood group of the accused was not determined and it is equally true that on the same evening accused had also sustained Injury on the head. The accused no doubt denies even causing of any injury on his person and. therefore, does not even inferentially suggest that the blood found on his clothes could have been imparted through the injury on his head. However, even if he does not explain still on a consideration the same is ruled out. This is because of evidence of Dr. The accused no doubt denies even causing of any injury on his person and. therefore, does not even inferentially suggest that the blood found on his clothes could have been imparted through the injury on his head. However, even if he does not explain still on a consideration the same is ruled out. This is because of evidence of Dr. Sharma, who has positively asserted that having regard to the nature and dimensions of the head injury on the person of the accused it was not possible that there would be profused bleeding and, therefore having regard to the enumerable stains of blood on the shirt and pyjama according to the medical evidence those could not have been imparted on account of head injury. Consequently therefore, enumerable blood stains with the same blood group as that of the deceased on the two wearing apparels on the person of accused at the time of arrest is a circumstance by itself to be read in association with the other circumstances. We may hasten to add that even if this is excluded it would hardly change the complexion in the face of other overwhelming evidence. 16. The last item is reflected through the discovery of sickle on the same evening it is witnessed by the same witness Balu (P.W. 8). The accused made a statement that he had concealed the sickle near the thrashing flour of Ganpat under the stack of fodder and he led the police and panchas and discovered the sickle under the stack of fodder. The memo is at Exhibit 27 and the panchnama as at Exhibit 28. Merely because the panch is the son of Police Patil that by itself is no ground to discard the evidence more so because there is nothing worthy in the cross-examination to discredit him. Shri Shah, the learned counsel, sought to place reliance on the so called discrepancy about the timings, because the panch stated that this started at about 5-30 p.m whereas the memo and panchnama show that it actually commenced at 6 p.m. It cannot be overlooked that a rustic villager like Balu was not expected to tell the precise time and some allowance will have to be made though marginally in the various timings given by the witness. The memo is very specific making it clear that there has been concealment and the accused has been the author of that concealment. The sickle was found in the field of one Maruti and it was very safely concealed underneath the huge stack of fodder, which could not have been seen by anyone and, therefore, must have been within the exclusive knowledge of the accused. We do not find any reason to discard the evidence of Balu in that behalf. The evidence of Investigating Officer is also clear in that behalf. Same sickle was forwarded to the Chemical Analyser, who certified that on the blade not only the human blood was found but it had the same group, 'O' as that of the deceased. This, therefore, affords formidable corroboration to the direct testimony of the witnesses. 17. There could not be any scope for mistaken identity because it was practically full moon light; the parties were no strangers to each other because Babibai is sister-in-law of the accused while Ansabai is the mother and they could not have mistaken Baban for some body else. They had seen the appellant from close range and their immediate disclosure supports their claim. The complaint was lodged immediately giving out the name of the accused. There was thus no scope for concoction. On the contrary in the nature of things, as stated earlier, the most important witness being the mother could never have thought of falsely implicating one son unless she had seen the other son being assaulted, She had given the evidence in truthful manner though agonising for her and both these ladies are fully corroborated by various circumstances. They are most natural witnesses and they gave evidence in natural manner. The panchnama of the scene of offence Exh 19 which is proved by Laxman Tupe (P.W. 7) also affords further corroboration because the blood stains wore found near the temple, which is claimed to be the scene of offence and there is no challenge to that evidence. Having regard to all these features in cumulative effect there is hardly any doubt about the complicity of the accused in offence in question. There is no scope for reduction of nature of offence for obvious reasons. In the first instance, there was motive because of evening incident and the accused had come determined to the house of Pandu to settle the accounts. There is no scope for reduction of nature of offence for obvious reasons. In the first instance, there was motive because of evening incident and the accused had come determined to the house of Pandu to settle the accounts. He was armed with sickle which obviously could be a dangerous weapon. When Pandu started running for his life the accused chased him, and ultimately intercepted and overpowered him. The accused gave then two blows both on vital parts viz., chest and head and dimensions of the injuries make it clear that those were extremely forceful blows causing internal damage and the death was practically instantaneous and the accused ran away from the spot. The offence, therefore, would squarely fall within the meaning of section 300 of the Indian Penal Code. 18. There is thus no substance in the appeal and the learned trial Judge in his well considered and well reasoned judgment has taken correct view of the entire evidence. 19. Appeal dismissed. The order of conviction and sentence recorded by the learned trial Judge against the appellant accused is confirmed.