Judgment K. B. Sinha, R. N. Lal, JJ. 1. The appellants, who are three number, have been convicted under Sec.302 read with Sec.34 of the Indian Penal code (hereinafter to as the Penal Code) and sentenced to undergo imprisonment tor life. Appellant, Gola Dhobi, has been further convicted under section 302 of the Penal Code and the sentence of imprisonment for life has been awarded on this count also. Appellant Bhagwan Chaudhary has also been convicted under Sec.323 of the Penal Code and sentenced to suffer rigorous imprisonment for one year. The sentence have been ordered to run concurrently. 2. The indicate giving rise to these appeals took place on the 8th of november, 1985, at about 8.30 A. M. in village Salempur within Gaya muffasil Police Station in the district of Gaya. The case of prosecution, as disclosed in the first information report (Ext.2), is that the informant (P W 4) Krishna Chodhary, went in the Dalan to serve meal to Chandra choudhary. A that very time, ihe appellants, armed with Pasuli, appeared at the Dalan Appellant Gujar Chaudhary alias Krishna Chaudhary exported to chop the head of Chandra Chaudhary. Thereafter, appellant Bhagwan chaudhary aimed Pasali blow on Chandra Chaudhary, which was awarded oif bv the informant, as a result of which he sustained injury on his right wrist. in the meantime appellant Gola Dhobi assaulted Chandra Chaudhary with pasuli on his neck. Having sustained the injury, Chandra Chaudhary died at the spot. On the alarm raised by the informant, P. W.1, Ram Prit Chaudhary, came to the place of occurrence and, thereafter, the appellants took to their heels. P W 4 Krishna Choudhary, lodged the first information report at the Police station in the same night at 10 P. M. The Police registered a case and after investigation submitted charge-sheet in the case. The police investigating officer found injuries on the person of the informant and referred him for treatment to the Pilgrim Hospital, Gaya. 3. The expression "dalan" is used by the people of this part of the state to mean a part of the residential house or a separate structure near the residential house exclusively meant for the use of the male members of a family. 4. The substantiate the charges against the appellants, six witnesses were examined by the prosecution in the trial court. Out of them, P. W.3, Dr. 4. The substantiate the charges against the appellants, six witnesses were examined by the prosecution in the trial court. Out of them, P. W.3, Dr. Mithilesh Kumar Singh, a Professor in the Magadh Medical College, Gaya, conducted the post-mortem examination over the dead body of Chandra chaudhary. P. W.5, Dr. Y. K, Singh, examined the injury on person of the informant. P. W.6, Mudrika Singh, the Sub-Inspector of Police, isj the investigating Officer. P. W. I, Ram Prit Chaudhary and P. W.2 Mahtabi devi, gave hearsay version of the occurrence and also claimed to have seen the appellants running away from the place of occurrence. P. W.4, Krishna chaudhary, alone, deposed as the eye witness of the occurrence. 5. No witness was examined on behalf of the appellants in the trial court. They took the plea of innocence and false implication due to previous enmity. From the trend of cross-examination and suggestions given to the witnesses, it appears that the manner of the occurrence was challenged by the appellants. 6. A mentioned above, the prosecution case hinges, primarily, on the sole testimony of P. W.4, Krishna Chaudhary. In his evidence in the court, he supported the prosecution version, revealed in the first information report and stated that at the time of the occurrence, he went to serve meal to chandar Chaudhary at the DALAN. The appellants, armed with Pasuli, came there, who were identified by him in the light of the lantern. Appellant gujar Chaudhary alias Krishna Chaudhary, ordered to sever the head of Chandra chaudhary. Thereupon, appellant Bhagwan Chaudhary, aimed Pasuli blow at him, which was warded off by the informant, who sustained injury on his right hand. Appellant Gola Chaudhary inflicted a Pasuli blow on Chandra chaudhary causing injury on his neck. Having heard the claim raised by the informant, P. Ws.1 and 2 came and saw the appellants running away. He lodged the F. I. R. (Ext.2) at the Police Station, and, thereafter, was referred for treatment to the hospital. When asked in cross-examination, he admitted that P. W.2, Mahtabi Devi, was the sister of his mother and he had been living with P. Ws.1 and 2 from his child-hood. He denied the defence suggestion that he did not see the occurrence. When asked in cross-examination, he admitted that P. W.2, Mahtabi Devi, was the sister of his mother and he had been living with P. Ws.1 and 2 from his child-hood. He denied the defence suggestion that he did not see the occurrence. He also denied that there was difference between the deceased and P. W.1 because of his presence in their houses over which they used quarrel frequently. 7. P. W.1, Ram Prit Chaudhary, is the son of the deceased and P. W.2 mahtabi Devi is the wife of P. W.1. They stated that at the time of occurrence, they were in their residential house. The informant had been residing with them from his child-hood. At the time of occurrence, the informant want to serve food to Chandra Chaudhary in the Dalan. They heard alarm raised by the informant and rushed towards the Dalan and saw the appellants running away with Pasuli in their hands. They stated that the Pasuli in the hand of appellant Gola Dhobi was stained with blood. They learnt from the informant (P. W.4) that on the instigation of appellant gujar Chaudhary, a Pasuli blow was aimed by appellant Bhagwan Chaudhary, to assault Chandra Chaudhary. The informant warded off the blow, as a result of which he sustained injury on his right hand. In the meantime, appellant Gola Chaudhary inflicted a Pasuli blow on Chandra Chaudhary which caused injury on his neck. According to P. W. I the Dalan was situated at a distance of ten steps north from his residential house. Both of them said that a lantern was burning at the Dalan where Chandra chaudhary was found lying injured. P. W.1 denied the defence suggestion that his father was a gambler. He also denied to have made statement before the police that his father was engaged in gambling with some fishermen on the date of the occurrence at about 8 P. M. . When they were about to quarrel in course of gambling, some persons interved and then they went to their houses. He admitted that he did not see anyone assaulting his father. He claimed to have identified the appellants in the electric light while they were fleeing away from the place of occurrence. 8. P. W.2 stated in cross-examination that she had seen the appellants running away from the place of occurrence before she went near her father-in-law in the Dalan. He admitted that he did not see anyone assaulting his father. He claimed to have identified the appellants in the electric light while they were fleeing away from the place of occurrence. 8. P. W.2 stated in cross-examination that she had seen the appellants running away from the place of occurrence before she went near her father-in-law in the Dalan. She categorically denied that on the plea of Serving food. Krishna Chaudhary was sent to Chandra Chaudhary to do away with his life and the prosecution case was concocted after due deliberation in which the appellants were falsely implicated due to previous enmity. 9. P. W.3, Dr. Mithilesh Kumar Singh, conducted autopsy over the dead body of Chandra Chaudhary on 9-11-1985 about 11.30 A. M. and found the following ante-mortem injuries : (i) Incised wound of size 4" x 1 1/2" 1/4" deep over 5th cervical vertebra located on left part of neck blood vessel muscle and left portion of laryn etc. were sharply cut underlying tissues were having blood clots. (ii) Incised wound over left part of external ear lobule 1/4" deep-According to the doctor, injuries were caused by a sharp cutting weapon, such as pasuli. Injury no.1 was grievous and dangerous to life and injury no.2 was simple in nature. He opined that the victim died due to shock and haemorrhage as a result of injury no.1. The time elapsed since death was 12 to 20 hours from the time of post-mortem examination. The postmortem report is Ext.1. Keeping in view the nature and dimension of the injuries, in our opinion, injury no.1 was sufficient to cause death in the ordinary course of nature although the medical evidence is silent on this aspect. 10. On 8-1-1985, P. W.5, Dr. Y. K. Singh, was posted as the Civil assistant Surgeon in the Pilgrim Hospital, Gaya. He examined P. W.4. Krishna Chauthary, on the same day and found the following injury : one linear injury extending from half of the right forearm up to the half of the ring finger on palmer surface. The injury was simple in nature caused by a sharp cutting weapon and the age was within six hours. 11. P. W.6, Mundrika Singh, was posted as the Officer-in-charge of gaya Muffasil Police Station. He stated that on 8-11-1985 at 10 A. M. he recorded the first information report lodged by P. W.4, Krishna Choudhary. The injury was simple in nature caused by a sharp cutting weapon and the age was within six hours. 11. P. W.6, Mundrika Singh, was posted as the Officer-in-charge of gaya Muffasil Police Station. He stated that on 8-11-1985 at 10 A. M. he recorded the first information report lodged by P. W.4, Krishna Choudhary. He found injury on the person of the informant for which an injury report was prepared and the informant was sent for treatment to the hospital. He inspected the place occurrence in the same night. According to him the place occurrence is a room facing north. The dead body of Chandra chaudhary was found lying on the floor of the said room with cut injury on his neck. He found copious blood on the floor of the room and stains of drops of blood on the door planks and door-frame. He seized the blood stained earth under the seizure list (Ext.4 ). In course of investigation, he searched the house of appellant Gola Dhobi where from a Pasuli stained with blood like substance was recovered for which a separate seizure list (Ext.4)was prepared. Appellant Gola Dhobi was found concealing under the stock of fuel kept in his house. He found a lighted lantern at the place of occurrence. He admitted that he did not seize the lantern. Then asked in cross-examination, he said that the room was littered with blood and hence he did not care to find out whether any food materials and utensils were lyinq there. He also found blood stain on a plastic bag Bora lying there. He said that the Pasuli, recovered from the house of appellant Gola Dhobi, had very sharp edge. He admitted that he did not receive the report of the chemical examiner about blood stained articles. He did not find any mark of violence or foot print at the place of occurrence. 12. Mr. Ashok Priyadarshi, learned counsel, appearing on behalf of the appellants, has contended that no motive has been assigned by the prosecution in the first information report, He has referred to the evidence of P. W.4, who stated that prior to the occurrence, his relationship with the appellants was cordial and they were on visiting terms. 12. Mr. Ashok Priyadarshi, learned counsel, appearing on behalf of the appellants, has contended that no motive has been assigned by the prosecution in the first information report, He has referred to the evidence of P. W.4, who stated that prior to the occurrence, his relationship with the appellants was cordial and they were on visiting terms. Submission has been made that in view of the cordial relation between the parties, it is highly improbable that the appellants would have committed such a serious oftence without any motive. 13. It is well known that motive is not an essential ingredient of any oftence to establish the guilt in a criminal trial. If motive is proved it may provide a background for assessment of evidence produced by the prosecution. If the motive is established it raises suspicion and by itself it cannot lead to any definite conclusion. However, it assumes some importance when the case of prosecution entirely depends on circumstantial evidence. The absence of motive loses its significance if the offence is proved by reliable evidence. When credible evidence of eye witnesses is available in a case, motive becomes immaterial. 14. Whatever part the motive has to play to prove the guilt of an accused, there is no lack of material in the instant case. P. W.1 did not state anything about motive in his examination-in-chief. But it has been elicited in cross-examination that appellant Bhagwan Chaudhary had assaulted the deceased earlier for which a case was pending even at the time when this be appellant was facing this trial. He has also said that appellant bhagwan Chaudhary was pressing his father to compromise the said case, failing which he threatened to do away with his life. When further asked, p. W.1 stated that he did not know as to whether his father had lodged any information (Sanha) about the threat held out by the said appellant. So, we find that although no motive has been assigned by the prosecution in the first information report, but the material has come on the record from, which it is manifest that the appellants had serious grievance against the deceased. If any authority is required on the point of absence of motive, reference may be made to Subedar Tiwary V/s. State of U. P. and others air 1989 Supreme Court 733. So, we do not find any substance in this argument. 15. If any authority is required on the point of absence of motive, reference may be made to Subedar Tiwary V/s. State of U. P. and others air 1989 Supreme Court 733. So, we do not find any substance in this argument. 15. It has also been contended by Shri Priyadarshi that the occurrence took place in a dark night. It is not mentioned in the first information report that there was light at the place of occurrence and, as such the whole prosecution story becomes doubtful. In support of this contention, reliance has been placed on a Bench decision of this Court in Shiv Balak Rai and others V/s. The State of Bihar, 1986 PLJR 604 . In that case the incident had taken place in the night. The witnesses claimed to have identified the accused in the flash of torch light. Factually it was found that the evidence regarding torches in the hands of witnesses was highly contradictory and as such the prosecution story regarding the means of identification was found to be doubtful. The said case is clearly distinguishable on facts and so, this decision is not of any help to the appellants. 16. Mr. K. P. Gupta, learned counsel for the State, on the other hand, has argued that the attention of the informant was not drawn to the omission, if, any, regarding the existence of the lantern at the place of occurrence in the first information report. The appellants, therefore, cannot take advantage of it. Further, it has been urged that P. Ws.1, 2 and 4 have made categorical statement that a lighted lantern as there in the room where the deceased was murdered. P. W.6, the Investigating Officer, has also said that he found a lighted lantern in the said room. 17. On persusal of the evidence of P. Ws.1,2 and 4, it is manifest that a lantern was burning at the place where the murder of Chandra chaudhary was committed. There is no contradiction on this point. P. W.6, the police Investigating Officer, also stated that he found a lighted lamp when he inspected the place of occurrence in the night. He admitted that he did not seize the lantern. As the lantern was not seized by the Police investigating Officer, the same was not produced in the trial court. There is no contradiction on this point. P. W.6, the police Investigating Officer, also stated that he found a lighted lamp when he inspected the place of occurrence in the night. He admitted that he did not seize the lantern. As the lantern was not seized by the Police investigating Officer, the same was not produced in the trial court. In view of the consistent evidence of P. Ws.1, 2, 4 and 6 with regard to the existence of the lantern at the place of occurrence, the omission on the part of the police Investigating Officer to seize the lamp cannot be a ground to reject the sworn testimony of the said witnesses. 18. It has been argued by Mr. Priyadenshi that evidence of P. Ws.1 and 2 with regard to identification of the appellants is not worthy of reliance. P. W.1 said in his evidence that having heard hulla of the informant he came out of his house. His wife also came out simultaneously. They saw the appellants running towards the river, situated north of the place of occurrence. The accused took turn towards west and then they went in the stream of the river. P. W.1 clearly stated that he identified them in the electric light. According to him, electric bulb was burning at Bishnupad temple, which was at a distance of three kilometers from his house. According to evidence of P. W.1, the river is situated at a distance of one kilometer from the place of occurrence. P. W.2 in her cross-examination said that she had seen the accused running away before going to the place where her father-in-law was lying dead. She also stated that appellants ran away towards the river, situated west of her house. According to her evidence, the river Falgu is situated at offenders. As mentioned above P W 1 stated that the river was three kilometers away from his house,whereas, P. w.2 has stated that it is only at a distance of ten steps. It is,therefore, manifest that they have no precise idea of distance. P. W.1 categorically denied the defence suggestion that at the of PW 2 it is not possible to accept the argument advanced on behalf of the appellant Sat the said two witnesses did not identify the appellants whilethey were miming away from the place of occurrence. 19. It has also been urged by Mr. P. W.1 categorically denied the defence suggestion that at the of PW 2 it is not possible to accept the argument advanced on behalf of the appellant Sat the said two witnesses did not identify the appellants whilethey were miming away from the place of occurrence. 19. It has also been urged by Mr. Priyadarshi that according to evidence ofpw la number of persons have their residential houses around the place of occurrence but no independent witness came forward to support the prosecution case. Submission has been made that the conviction of the appellants cannot be sustained on the evidence of P. Ws.1, 2 and 4, who are highly interested witnesses. 20. Admittedly, P. W.1 is the son of the deceased and P. W.2 is his daughter-in-law. P. W.4 has admitted that s. nce his child-hood, he had been living with P. Ws.1 and 2. It is well-settled that the interested evidence is not necessarily unreliable evidence. It is not enough for totally discarding the sworn testimony however according to rule of caution, it is essential that the evidence of ssted whness should be subjected to scrutiny and accepted with caution. 21. In the instant case, we find that P. W.1 stated in his cross-examination that when he came out of house on hulla, none of the persons, living in the neighbouring houses, was present there. P. W.2 also made similar statement that nobody was present when she came at the place of occurrence with her husband. The existence of residential houses around the place of occurrence by itself cannot lead to the conclusion that the persons residing therein also appeared at the place of occurrence immediately after hearing alarm raised by the informant. It has come in evidence of P. W.1 that persons of neighbouring houses came after some time. So far as P. W.4 is concerned, he sustained injury in course of the same occurrence at the hands of one of the appellants. In the circumstances, therefore, he is the most competent witness to depose regarding participation of the accused in the occurrence Thus, after a careful consideration and close analysis ot the evidence of P. Ws.1,2 and 4, we find that it does not suffer from any infirmity. They Rave straight forward answers. Their evidence is consistent and trustworthy. So, they cannot be held unreliable only because they happened to be related to the deceased. 22. They Rave straight forward answers. Their evidence is consistent and trustworthy. So, they cannot be held unreliable only because they happened to be related to the deceased. 22. Lastly, it has been argued on behalf of the appellants that semi-digested food in the stomach of the deceased was found by the doctor, who held the postmortem examination. It would clearly suggest that Chandar chaudhary was done to death at a different time than what has been alleged by the prosecution. In reply, learned counsel for the State has contended that power of digestion differs from man to man and it also depends on various other factors. The finding of the doctor, therefore, does not furnish a conclusive evidence to create doubt about the time of the occurrence. In support of this contention, reliance has been placed on Shivaji Sahab Rao baboade and another V/s. State of Maharashtra, (AIR 1973 Supreme Court 2622), in which it has been held as follows : ". . . . . . . . . He also states" it must also be remembered that the process of digestion in normal healthy persons may continue for a time after death. "the learned Judges reminded themselves of the imponderables pointed out by Modi which makes the digestive testimony inconclusive and, therefore, insufficient to contradict positive evidence, if any, about the time of his death. To impute exactitude to a medical statement oblivious to the variables notice by experts and changes in dietary habits is to be unfair to the science. We are not prepared to run the judicial risk of staking the whole verdict on nubulous medical observations. Given so according to P. W.5 deceased took tea some time after 12.30 P. M. when they started for Bibi. At that time the possibility of his having had something to eat is not ruled out. If so, the medical evidence as to the time of death will not be inconsistent with the post-mortem findings. " In the facts and circumstances of the case and in the light of the observation made by the Supreme Court, as mentioned above, we do not find any merit in the argument advanced on behalf of the appellants. 23 In view of the foregoing discussions, we are constrained to hold that the prosecution has successfully proved the charges against the appellants beyond all reasonable doubts. 23 In view of the foregoing discussions, we are constrained to hold that the prosecution has successfully proved the charges against the appellants beyond all reasonable doubts. So, we do not find any ment in this appeal and, accordingly, it is dismissed. 24. From the records, it appears that the appellants are on bail. Their bail bonds are cancelled and they are directed to surrender forthwith in the court below to serve the remaining period of sentence. Appeal dismissed.