JUDGMENT Palok Basu, J. - The State of U.P. has filed this Government Appeal against the order of acquittal of the respondents of charge under Sections 302, 302/34, I.P.C., 323, I.P.C. and 323/34, I.P.C. passed by I Addl. District and Session, Judge, Budaun on 31.7.78 in Session, Trial No. 267 of 1977. 2. Hari Shanker alias Harish Chandra, the fat her and his two sons, Girja Shanker alias Sukha and Ashok Kumar alias Padari wee tried on the charge of having committed the murder of Ram Bahadur and having caused simple injuries to Ram Nath at about 7.00 p.m. on 27.6.77 in village sharah Baraulia falling within the limits of Police Station Ughaiti, District Budaun. Hari Shanker appellant was charged under Section 323, I.P.C. simpliciter relating to the injuries of Ram Nath whereas Girja Shanker appellant was charged under Section 302, I.P.C. simpliciter or the alleged murder of Ram Bahadur. 3. According to the prosecution case there was some enmity between the appellants on the one hand and informant Chandra Prakash and his family members on the other. This enmity had started relating to the elections 14 for the office of Pradhan. It was further stated that on the day of the incident around noon some altercation took place between the grandson of the complainant i.e., Ram Nath on the one hand and Girja Shanker and Ashok Kuinar on the other relating to the use of the pond for bathing she-buffaloes. Consequently in the evening at about 7.00 p.m. when the complainant, his sister's son (Bhanja) Ram Bahadur had gone to the Chaupal of Rarn Sewak Brahman, the three appellants Hari Shanker armed with a lathi and Girja Shanker and Ashok Kumar both armed with country made pistols reached there. Hari Shanker incited AAJ SALON SE NIPAT LO. On this the complainant and Ram Bahadur and Ram Nath tried to intervene saying that the dispute amongst the children should not be taken to such enmity but no heed was paid. Hari Shanker gave lathi blows to Ram Nath, Ashok Kumar fired a shot from his Tamancha but all of them narrowly escaped. Then Girja Shanker fired another shot from his Tamancha hitting in the neck of Ram Bahadur who fell clown and died then and there. This having been done, the appellants fled away towards north. 4. Hari Shanker gave lathi blows to Ram Nath, Ashok Kumar fired a shot from his Tamancha but all of them narrowly escaped. Then Girja Shanker fired another shot from his Tamancha hitting in the neck of Ram Bahadur who fell clown and died then and there. This having been done, the appellants fled away towards north. 4. A First Information Report was lodged at the Police Station Ughaiti at 9.20 p.m. on 26.7.77 which was marked as Ext. Ka 3 before the trial Judge a post-mortem examination was conducted on the dead body of Ram Bahadur. The following injuries were found by P.W. 2, Dr. V.K. Srivastava who conducted the post-mortem examination: "Ante-mortem injuries: 1. Gun shot wound of entry, 1.5 cm x 0.5 cm. x bone deep, on left side chin, 1 cm. left to the mid-ine. 2. Gun shot abrasion 1.5 cm x .5 cm left side under surface of chin. 2.5 cm lateral and outward to injury No. 1. 3. Gun shot wound of entry, 1.5 cm x .5 x cavity deep, on the anterior part of neck, above the left sterno clavicular joint." 5. It. is alleged that Ram Nath was medically examined by Dr. Arjun Kumar, P.W. 9, on 28.6.77 at 12.30 p.m. and the following injuries were found on his person: "1. Contusion over right arm outer aspect, 12 cm above elbow, measuring 5 cm x 2 cm reddish in colour, vertical in direction. 2. Abrasion on the back of right arm beginning from elbow and going upwards measuring 3 cm x 4 cm, blackish in colour vertical in direction. 3. Abrasion on the back of right elbow, measuring 1 cm x 2 cm blackish in colour. 4. Contusion on the left knee front side upper and outer part, measuring 5 cm x 4 cm reddish in colour." 6. Sri A.K. Dwivedi, learned A.G.A. argued the matter at length and placed the entire record. He sought to criticise the reasonings set out by the learned trial Judge in acquitting the respondents. Sri V.C. Katiyar, learned counsel for the complainant also adopted the argument of Sri Dwivedi and further said that the judgment should not stand. Sri A.K. Dwivedi, learned A.G.A. argued the matter at length and placed the entire record. He sought to criticise the reasonings set out by the learned trial Judge in acquitting the respondents. Sri V.C. Katiyar, learned counsel for the complainant also adopted the argument of Sri Dwivedi and further said that the judgment should not stand. Sri P.N. Misra, learned Senior Advocate, appearing on behalf of the respondent argued that there was no, justification for interfering with the findings recorded by learned trial Judge inasmuch as none of the findings recorded by him can it be said to be perverse or illegal. 7. Learned Trial Judge has set out three prominent reasons in his judgment for discarding the prosecution case. Firstly, he has found that the prosecution agency has made a concerted effort to improve upon the statement of facts contained in the F.I.R. through the evidence that was led in the court. While it was stated in the F.I.R. that the first shot had not touched any one, it was said in court that first shot had landed on Ram Bahadur. The learned Judge felt that this discrepancy or improvement has arisen in order to get over the difficulty emerging from the statement of the doctor that the deceased Ram Bahadur had two gun shot injuries or in any case injuries sustained by Ram Bahadur cannot be attributed to one gun shot. Since this improved statement is to be found in the statement of all the eye-witnesses their testimony was held not reliable. Secondly, the learned Judge found that the alleged injuries of Ram Nath had no logical and scientific connection with the incident in question. The timing suggested about duration of the injuries by the doctor was evasive. The colour of the injuries sustained by Ram Nath. which were only contusions, left it to guess work as to when he may have suffered those injuries. It has been admitted by Ram Nath that he was standing on the Chabutra when he was hit by the lathi. Height of the Chabutra was more than 3 feet. It was impossible to expect that the contusions could he caused in the manner alleged by Ram Nath. Therefore, in all probabilities Ram Nath was not present when the incident had happened and his injuries may have been self suffered conveniently so as to set up the case against. the respondents. Height of the Chabutra was more than 3 feet. It was impossible to expect that the contusions could he caused in the manner alleged by Ram Nath. Therefore, in all probabilities Ram Nath was not present when the incident had happened and his injuries may have been self suffered conveniently so as to set up the case against. the respondents. Thirdly, the learned Judge has found that the witnesses of recovery of blood from the place of occurrence have not been examined nor has it been proved that the earth, etc. recovered from the alleged spot were at all sent for chemical examination. Under the circumstances, it was held by him to be extremely doubtful as to whether the place of occurrence was at all fixed in the instant case. 8. It was further found by learned trial Judge that apart from the interested persons, the two witnesses, namely, Mukesh and Shahjadey had no reason to be present at the place of occurrence and were absolutely chance witnesses With no acceptable reason for their presence. 9. After hearing learned counsel for the parties at length and perusing the materials it cannot be said that the aforesaid reasons held by the learned trial Judge for acquitting the respondents are perverse or illegal. 10. In view of the aforesaid discussions, this appeal fails and is dismissed. The respondents are on bail. Their bail bonds are discharged.