G. S. N. TRIPATHI, J. The then IVth Addl. Sessions Judge, Bulandshahr held the accused Prabhu Singh guilty on a charge under Section 304, Part-1, I. P. C. and sentenced him to undergo R. I. for a period of 10 years. This judgment was recorded by the learned Addl. Sessions Judge on 23rd January, 1980 in S. T. No. 445 of 1979, State v. Prabhu, Distt. Bulandshahr. 2. The prosecution case started on the basis of a F. I. R. exhibit Ka-1 lodged by the P. W. 1 Amar Singh Chauhan at the Police station on 19-4-79 at 00. 20 a. m. The incident is said to have taken place on 18-4- 79 at about 10. 30 P. M. The distance of the police station from the place of occurrence is about 4 furlongs. The sole accused is the accused-appellant. 3. It has been alleged that the complainant resides with his family near his tea stall in Civil Lines, Bulandshahr near Sainik Bhawan. The accused also resides nearby. He is admittedly, the cousin brother of the complainant and also the husband of his wifes sister (Sarhu ). On 18-4-79 at about 10. 30 P. M. the accused started abusing the complainant and his family members. The complainant and his wife. Smt. Premwati, deceased, tried to dissuade him from doing so. But he did not relent. Nay the accused started kicking and fisting Smt. Premwati, the wife of the complainant. Thereafter, he assaulted her with a brick causing her grave injuries resulting in unconsciousness. She had bled on the spot. Hearing the alarm raised by the complainant. PW-2 Jangi Singh and P. W. 3, Mahendra Jit Sharma apart from several other persons nearby, arrived there. They saw the accused causing injuries to the deceased. The accused was challenged. He ran away with a brick in his hands, threatening the witnesses of dire consequences. The complainant apprehended damage to his other family members including the children. After the exit of the accused, the complainant brought his wife Smt. Premwati to the hospital but the medical examina tion was not done. It appeared that the Doctor has not seriously the injuries of Smt. Premwati. The lady was admitted in the Government Hospital. She was in a precarious state. After the exit of the accused, the complainant brought his wife Smt. Premwati to the hospital but the medical examina tion was not done. It appeared that the Doctor has not seriously the injuries of Smt. Premwati. The lady was admitted in the Government Hospital. She was in a precarious state. On the basis of the written information conveyed by the complainant, H. C. Hari Ram Sharma, PW-5, a case was registered in the G. D. on 19-4-79 at 0. 20 a. m. and he prepared the chik exhibit Ka 3 and G. D. Ka 4 respectively. Smt. Premwati died in the hospital on 20-4-79 at 7-10 a. m. Information was received at the police station on 20-4-79. The case was converted into one under Section 304, IPC, vide G. D. entries Ka 5. 4. The investigation was taken in the hands by S. I. Dhanpal Singh PW-9 on 19-4-79 when the case was still registered under Section 308, IPC. He reached on the spot on 19-4-79, collected the blood samples from the spot. Blood stained and ordinary and simple earth and pieces of bricks were collected and kept in a separate containers and selaed and memo Exhibit Ka 9 was prepared. He inspected the spot and prepared the site-plan Ka. 8 Thereafter he visited the District Hospital and wanted to record the statement of the injured. But she was lying unconscious and was not in a position to give statement. Her blood-stained blouse and Saree were taken in possession by him and a memo Exhibit Ka 10 was prepared. After the receipt of the information regarding the death of Smt. Premwati, he reached the Hospital and took the dead body in his posses sion, prepared the relevant papers like Challan Las and Photo Las Panchayatnama and other connected documents. Thereafter, he got sealed the dead body and sent it for post-mortem examination. On 22-4-79, he recorded the statement of Dr. Ram Saran Das, PW-7 and sent the blood-stained clothes and blood-stained earth for chemical examina tion. Thereafter, after completing the investigation, he submitted the charge sheet. 5. The prosecution has examined PW-1 Amar Singh, the complainant, who has unfolded the prosecution story as contained in the F. I. R. Further, he has said that soon after the exit of the accused, he took his wife to the Doctor Ram Saran Das, PW-7 in a rickshaw. Thereafter, after completing the investigation, he submitted the charge sheet. 5. The prosecution has examined PW-1 Amar Singh, the complainant, who has unfolded the prosecution story as contained in the F. I. R. Further, he has said that soon after the exit of the accused, he took his wife to the Doctor Ram Saran Das, PW-7 in a rickshaw. He provided first aid and advised him to take her to the Government Hospital for treatment. Thereafter, the lady was taken to Dr. Aquil Ahmad, PW-4, who medically examined her in the same night at 0. 5 a. m. and found three contused wounds, which were, according to him, fresh but simple. They could have been caused by bricks even. 6. PW-2 Jangi Singh is a Chaprasi in the Collectorate, Bulandshahr, where the complainant had been posted as a Peshkar, who resides nearby the place of occurrence. He has given an eye-witness account of the incident. 7. PW-3, Mahendrajit Sharma is the Moharirr attached to a counsel in the court, who resides in the shop of Bhkki as shown by the I. O. in the site-plan by letter C. After hearing the alarm, he reached the spot and saw the incident with his own eyes and he gave a detailed version on the occurrence as done by the complainant and the I. O. 8. Other evidence is formal in nature. 9. PW-5, Head Constable Hari Ram Sharma has proved the entries in the chik and G. D. 10. PW-8, Constable Ali Abbas had taken the dead body from the mortuary to the police lines where he identified it before the Doctor who conducted the post-mortem examination. 11. PW-11, Constable Ramesh Chandra had taken the blood-stained clothes from the hospital to the Malkhana. 12. Apart from it, three sets of doctors have been examined in this case. 13. PW-7, Dr. Ram Saran Das, is a private medical practitioner. He has deposed that on 18-4-79 at about 11. 30 P. M. , the complainant brought his wife Smt. Premwati uncon scious, having received injuries at her head. After providing first aid, he advised the complainant to take her to a Govt. Hospital. Smt. Premwati stayed at his dispensary for about 15-20 minutes. At the same dispensary, the wife of the accused Smt. Harbheji, PW-10 was working as a Nurse. 14. PW-4, Dr. Aquil Ahmad had medically examined Smt. Premwati on 19-4-79 at 0. After providing first aid, he advised the complainant to take her to a Govt. Hospital. Smt. Premwati stayed at his dispensary for about 15-20 minutes. At the same dispensary, the wife of the accused Smt. Harbheji, PW-10 was working as a Nurse. 14. PW-4, Dr. Aquil Ahmad had medically examined Smt. Premwati on 19-4-79 at 0. 5 a. m. and found three contused wounds, the details of the injuries have been noted by the learned Addl. Sessions Judge in his judgment. 15. PW-5, Dr. P. C. Agarwal had conducted the post-mortem examination on the dead body of Smt. Premwati on 20-4-79 and proved the post-mortem report. Both these Doctors opined that the injuries could have been caused to Smt. Premwati by bricks. 16. Smt. Har Bheji, PW-10, the wife of the accused has also been examained. Relevan cy to examine her arose because it was put to the complainant PW-1 Amar Singh in paragraph 11 of his statement that during the course of scuffle and quarrel between Smt. Her Bheji and Smt. Premwati, the former pushed her on the ground resulting in injuries to the deceased. Smt. Har Bheji has deposed that the accused is her husband. They were married about 16-17-years earlier. A female child was born. She had no male issue. Therefore, the accused was angry with her and had started mal-treating her. Ultimately, she was forced to leave him. She was residing with her brother at Bulanshahr Smt. Premwati the deceased, was her real sister. In fact, the marriage between Har Bheji and the accused was performed at the behest of the complainant Amar Singh, PW-1 and his wife Smt. Premwati. The accused is the cousin brother of the complainant. When the accused deserved this witness, the complainant and his wife Smt. Premwati were pressurising the accused to take her back. On this ground, the accused was unhappy with the complainant and the deceased. She denied that any scuffle took place between her and Smt. Premwati resulting in injuries to her. 16. The accused in his statement under Section 313, Cr. P. C. has admitted that Smt. Har Bheji is his wife and the deceased was her sister. The complainant is his cousin brother. He has further admitted that marriage between him and Smt. Har Bheji was performed through the intervention of the complainant and the deceased. 16. The accused in his statement under Section 313, Cr. P. C. has admitted that Smt. Har Bheji is his wife and the deceased was her sister. The complainant is his cousin brother. He has further admitted that marriage between him and Smt. Har Bheji was performed through the intervention of the complainant and the deceased. The accused had a daughter 7-8 years with Smt. Har Bheji. Further he has said that the complainant did not want that Smt. Har Bheji should go to her husband. Even Smt. Premwati, the deceased was pressurising the complainant to sent Smt. Har Bhaji to him. Additionally, he has said that Smt. Har Bheji had illicit relations with the complainant and on account of this, a quarrel took place and falsely the accused has been implicated. The complainant wanted that the accused should leave Bulandshahr. 17. The accused has led no evidence in his defence. 18. After perusal of entire evidence and circumstances on the record, the learned Addl. Sessions Judge found that the prosecution had proved its case beyond a shadow of reasonable doubt and he convicted and sentenced the accused as noted above. 19. Feeling aggrieved, the accused has filed this appeal. 20. I have heard Sri R. B. Sharma, learned Advocate for the petitioner and the learned A. G. A. at great stretch and have perused the entire record very intensively. I find that there is absolutely no force in this petition and it deserves to be dismissed. 21. The fact that Smt. Premwati had received injuries in the night of 18/19-4-1979 is not in dispute now. Dr. Aquil Ahmad, PW-4, who examined her first at 0. 5 a. m. on 19-4-79, in the same night, found her injuries to be fresh and they could have been caused by bricks. He has opined that the injuries were simple. Anterior to that the lady had been examined by PW-7 Dr. Ram Saran Dass, a private medical practitioner without preparing any record for the same. After providing first aid, he referred her to the Govt. Hospital. 22. PW-6 P. C. Agarwal had conducted the post-mortem examination. Both these Doctors have been uniformally stated about the factum of injuries. They have further deposed that injuries were caused on 18/19-4-79 with a weapon like brick. They have not been cross-examined on the point of time of the injuries. Hospital. 22. PW-6 P. C. Agarwal had conducted the post-mortem examination. Both these Doctors have been uniformally stated about the factum of injuries. They have further deposed that injuries were caused on 18/19-4-79 with a weapon like brick. They have not been cross-examined on the point of time of the injuries. Not only this, when Amar Singh was in the witness box, it was put to him in paragraph 11 that the injuries were caused to Smt. Premwati because she had been pushed on the ground by PW-10 Har Bhaji, the wife of the accused. This way, the factum of injuries in this case is not a question in dispute. After a thread-bare examintion of the same, the learned Addl. Sessions Judge has come to the conclusion that the date, time and nature of the injuries had been fully proved by the prosecution in this case beyond a shadow of reasonable doubt. 23. The F. I. R. in this case was lodged without delay. The incident had taken place around 10. 30 p. m. Soon after the injuries had been caused and the accused had left, the complainant took his wife to Dr. Ram Saran Dass, a private medical practitioner, who referred her to a Govt. Hospital. She was medically examined by Dr. Aqil Ahmad in the night at 05 a. m. Thereafter, she was admitted in the hospital. The complainant could reconcile the misery and the circumstances, which had fallen upon him. He scribed the F. I. R. and gave the same at the police station at 0. 20 a. m. in the same night. Thus there was absolutely no time left to consult and confabulate and cook up a false story against the accused. Such a prompt F. I. R. is a veritable asset to the prosecution in this case and in any case, it has an immense corroborative value. 24. Another beauty of the prosecution case is that the F. I. R. contains all the pillars upon which the prosecution case has been built-up, namely, the date, time, place of occurrence, names of the accused and the witnesses, the weapons used, the motive behind the incident etc. I think on these points, the witnesses have remained unassailed. There fore, the F. I. R. in this case is very important piece of corroborative evidence. 25. Another important thing in this case is that the witnesses are natural. I think on these points, the witnesses have remained unassailed. There fore, the F. I. R. in this case is very important piece of corroborative evidence. 25. Another important thing in this case is that the witnesses are natural. PW-1 Amar Singh is the complainant and the husband of the deceased, the cousin brother of the accused and husband of his wifes sister. Admittedly, the marriage between the ac cused and his wife were performed due to an intervention of the complainant. So they had very good and sweet relations in between them. But misfortune fell upon Smt. Har Bheji. The relations between her and her husband, the accused turned sour for the reasons not very important for this case. Any way, the husband and wife started living separately. The deserted wife was employed at the clinic of Dr. Ram Saran Das in order to take out her living. It was quite natural for the complainant and his wife to pressurise the accused to take his wife back and the accused was not interested in keeping her. So this brought further sourness in the relationship between the complainant and the deceased with the accused. This is said to be motive for the crime committed by the accused with the deceased. On this point, there is a statement of the accused by way of counter-blast. The accused started saying that the complainant had developed illicit rela tions with Smt. Har Bheji and it was on account of this fact that he has been falsely implicated. It is difficult to believe. Smt. Har Bheji, PW-10 is aged about 30 years, whereas, the complainant was aged about 42 years. The complainant had his wife Smt. Premwati with him and there is no iota of evidence on the record to show that the complainant had bad relations with his wife. Had it been a fact, that the complainant had developed relations with Smt. Har Bheji, at least his wife Smt. Premwati could not have relished it. The world is not wide enough to accommodate two wives. Therefore, this imaginary and fantastic story set up by the defence that the complainant had illicit relations with Smt. Har Bheji, is far from reasonableness and it cannot be accepted even for a minute. 26. Not only this, this story is self-contradictory. The world is not wide enough to accommodate two wives. Therefore, this imaginary and fantastic story set up by the defence that the complainant had illicit relations with Smt. Har Bheji, is far from reasonableness and it cannot be accepted even for a minute. 26. Not only this, this story is self-contradictory. It has been stated that Smt. Har Bheji had pushed the deceased on the ground and as a result of that, she received injuries and died. She had no animus against the deceased. Then there is no reason why she would push her to death. If at all she had any animus, it could be with the accused and none else. So the allegation that Smt. Har Bheji was responsible for this incident, is not at all reliable. When Smt. Har Bheji was examined as PW-10 in this case, she denied all these allegations. A suggestion was made to her that she had a quarrel with the deceased and she pushed her on the ground causing her injuries. She has denied it. She has also denied the allegation that the accused was sought to be driven out from the scene by the complainant as a result of a liasion between her and the complainant. This way, apart from these fantistic and imaginary allegations of illicit relation between Har Bheji and the complainant, which must be rejected on the spot without any hesitation, there is nothing on the record to show that the complainant had any animus to falsely implicate the accused in this case. He has close relations from both the side of his family as well as wife. As against it, it appears natural that when the accused had deserted his wife, the complainant and his wife would pressurise him to take her back. As a result of which, the accused would not take that well. So the motive set up by the prosecution is more reasonable and it has been rightly accepted by the learned Addl. Sessions Judge and there is nothing to differ from him. 27. This way, after ignoring the fantastic and imaginary allegations of the enmity between Amar Singh and the accused, I find that there is nothing on the record to show that he is not telling the truth. In fact, he is totally unbiased and well-wisher of the accused. The incident took place at about 10. 27. This way, after ignoring the fantastic and imaginary allegations of the enmity between Amar Singh and the accused, I find that there is nothing on the record to show that he is not telling the truth. In fact, he is totally unbiased and well-wisher of the accused. The incident took place at about 10. 30 p. m. The presence of the husband by the side of his wife at such an odd hour is quite natural. The complainants shop was very close to the shop of the accused. Therefore, the presence of the complainant Amar Singh at that time and place is quite natural. Simply because he happens to be the husband of the deceased, he cannot be branded as an interested witness. Because he had absolutely no animus against the accused. The complainant has pictonally narrated the entire story. He has said that he was going to sleep with his wife when the accused intervened and committed the crime. The accused was also residing nearby. He had a shop in the same locality. After deserting Smt. Har Bheji, the accused wanted to remarry. A corroboration to this fact is also available from the statement of Smt. Har Bheji, who has said that since she had no male issue, the accused was ill-treating her. Thereafter, she started working as a Nurse at the clinic of Dr. Ram Saran Das. 28. The complainant has given a detailed description of the manner in which the occurrence took place on every point. There is corroboration from the independent sources like medical evidence and the statement of the I. O and the prompt F. I. R. Regard ing number and nature of injuries, there is support from the medical evidence. Regarding the palce of occurrence, recovery of blood by the I. O, from the spot gives a reasonable credence and corroboration to the statement of the complainant. The promptness of the F. I. R. is self-evidence and that has also been proved by the Head Constable. The simple suggestion to the Head Constable that the F. I. R. was lodged after considerable delay, which has been spurned by him, does not take us any where nor it is proved that the F. I. R. was ante-timed. The promptness of the F. I. R. is self-evidence and that has also been proved by the Head Constable. The simple suggestion to the Head Constable that the F. I. R. was lodged after considerable delay, which has been spurned by him, does not take us any where nor it is proved that the F. I. R. was ante-timed. So all these things coupled with the statement of the complainant are sufficient to record a conviction in this case without the aid of any other oral evidence what so ever. 29. On the point of light, an electric poll has been shown by the I. O. at a distance of 10 paces from the spot. The accused is a known person. There was no difficulty in correctly identifying him, who quarrelled with the complainant and his wife. He pushed her causing injuries and hit with kicks and fists and thereafter with bricks. These all had taken about 2 or 3 minutes. In this process, the accused unwittingly came in close contact with the complainant in getting identified by him unmistakably. Even in star-lit night or dark night, a known person can be identified from such a close distance. Therefore, the learned counsels argument that the accused could not have been correctly identified on the spot, cannot be entertained. 30. Minor and insignificant details were put to the witness in the cross-examination. For instance, whether the brick with which the accused had assaulted was a full brick or half brick, whether the accused had run away with the same brick and if so, why did it not find place in the F. I. R. whether it took 2-3-minutes or 2-3 seconds, how many time the brick was used etc. These are the questions put in the cross-examination of this witness. I find that the F. I. R. is not supposed to contain all the answers of these insignificant question which the learned cross-examiner may put in the cross-examination. After all, the complainant is not a law knowing person. He could not anticipate all these questions. He could not be mentally ready to take down all these facts in the F. I. R. at that time. His wife was in the Jaws of death. The mental condition of the complainant could easily be imagined. After all, the complainant is not a law knowing person. He could not anticipate all these questions. He could not be mentally ready to take down all these facts in the F. I. R. at that time. His wife was in the Jaws of death. The mental condition of the complainant could easily be imagined. Under these circumstances to expect a thesis from the complainant, in the shape of F. I. R. was expecting the movement of the Himalaya at the hands of the com plainant. Therefore, I find that there is no force in the argument of the learned counsel that in absence of details of this nature, the F. I. R. and the statement of the complainant should be ignored. I find that there is no force in the argument of the learned counsel and the same is not acceptable. Thus shorn of unnecessary details and imiginary ap proaches, the complainants statement is wholly truthful and nothing but truth. There is nothing to discard it. 31. The learned trial court had an opportunity to watch the demeanour of the witnesses, a privilege not extended to this Court. In absence of any misdirection on the part of the learned trial court, the appreciation of evidence made by it should be regarded and respected. I find myself in complete agreement with the assessment of the evidence made by the trial Judge and ditto the conclusions drawn by him. 32. As observed earleir, the solitary statement of the complainant is sufficient for recording a conviction in this case. Further, I proceed to examine the statement of other witnesses over complainants version. 33. PW-2 Jangi Singh has been named in the F. I. R. as a witness of fact. So is the case with PW-3 Mahendrajit Sharma, PW-3. The common charge against these two persons is that whereas, Jangi Singh is a chaprasi in the Collectorate, Mahendrajit Sharma was a Moharir attached to a counsel of the court. So it should be presumed that all these persons, living in the vicinity of the Collectorate and working there would, come to the rescue of the complainant, simply because his wife was being beaten. So it should be presumed that all these persons, living in the vicinity of the Collectorate and working there would, come to the rescue of the complainant, simply because his wife was being beaten. It is difficult to believe that the complainant a reader in Collectorate is so influential that he would obtain false testimonies of these persons against a person who resided in the same locality and who also happens to be a relation. Nay the presence of both these persons cannot be doubted on the spot. The incident took place on 18-4-1979 around 10. 30 p. m. and the people of that locality, specially those who stayed on round side, would reading come out. It is only after hearing the shouts coming from the spot, that these witnesses rushed to the spot and saw the accused assaulting Smt. Premwati. 34. In this connection, PW-2 Jangi Singh states that after hearing the shouts, he rushed to the spot and found the accused kicking and fisting Smt. Premwati. The com plainant was trying to intervene, but he was pushed back by the accused. He fell down. Thereafter the accused assaulted Smt. Premwati twice or thrice by the bricks as a result of which, she fell down on the ground. This witness was cross-examined at a great stretch in a very gruelling manner. Insignificant questions were put to him as to whether it was fully dark or half dark, the witness has said that it was a little darkless than half dark. Further he was asked as to how many persons from the nearly quarters had arrived. He said that two ladies had come and they saw the incident. Further, he says that there were about 2-4 persons present at that time. It took 1-2 minutes when the brick was used by the accused. He saw the accused assaulting Smt. Premwati twice. One of the injuries was on the forehead and the other was on the back of the head. He could not recollect as to whether the accused ran away with the brick or left it there. Further he was asked as to whether he had said to the I. O. that several persons had arrived on the spot or only 2-4 persons arrived there. I think that these are questions which should be ignored and the replies given by the witness appear to be natural. Further he was asked as to whether he had said to the I. O. that several persons had arrived on the spot or only 2-4 persons arrived there. I think that these are questions which should be ignored and the replies given by the witness appear to be natural. Regarding blood stains on the spot, he has said that blood in the area of 1 cubic was there on the ground. Further, he says that the accused, despite efforts, could not be arrested on the spot. I find that this witness Jangi Singh, PW-2 is a natural witness. He is disinterested having no animus against the accused and he has spoken the truth regarding the manner in which the incident took place. So the learned Addl. Sessions Judge has rightly accepted his testimony. 35. PW-3 Mahendrajit Sharma slated that he stayed in the spot of Bhikki. The site-plan will show that any person placed at point C would naturally arrive at the spot as the total distance was hardly 30 paces. So the arrival of Mahendrajit Sharma, PW-3 was quite natural. He has given an eye witness account of the entire episode with great details. He was put a question in the cross-examination that he would normally be at his village house, which is about 2 Kms. away only. He has said that since school examination was going on and he was on duty, therefore, he could not go to his house for about 2 months. This answer is quite natural. His duty started early in the morning at 6. 30 a. m. and extended till 4. 30 p. m. in the evening. So this witness states that during the examination period, he stayed with Bhikki Singh for about 2 months in order to go to his duty-place in a punctual manner. Another disqualification with him was that his father was a Chaprasi in the Collectorate. I think these are not important points which could prevent the court from analysing his evidence for coming to a correct conclusion. I think that the learned Addl. Sessions Judge has rightly accepted the statement of this witness as it inspites confidence and the same appears to be natural. 36. I think these are not important points which could prevent the court from analysing his evidence for coming to a correct conclusion. I think that the learned Addl. Sessions Judge has rightly accepted the statement of this witness as it inspites confidence and the same appears to be natural. 36. I wish to further reiterate that the statement of PW-2 and PW-3, Jangi Singh and Mahendrajit Singh respectively proved a very robust support to the statement of the complainant, which otherwise even is fully corroborated from independent sources. Hence the learned lower courts conclusions have to be upheld. 37. It was sought to be argued that Dr. Aquil Ahmad found only three injuries whereas, Dr. PC. Agarwal found 5 injuries. Therefore, there might be some manipula tions. I do not agree. Injuries 1 to 3 found by both the Doctors are the same. Injury. No. 4 is as welling, which could arise after the examination by Dr. Aquil Ahmad. Injury no. 5 is minor abrasion. That could be missed by Dr. Aquil Ahmad. In absence of any evidence on the record, the mere that the injuries would have been manipulated, cannot be accepted. Moreover, when Dr. Ahmad was in the witness-box, it was not put to him that he had manipulated the injuries in the post-mortem report. Therefore, this argument of the learned counsel is not correct. 38. Another argument of the learned counsel is that the dying declaration of the lady was not recorded. The learned lower court has dealt with this matter in paragraph 17 of his judgment. The learned Addl. Sessions Judge has rightly concluded that Dr. Aqil Ahmad, who had found the injuries of Smt. Premwati as simple, could not have referred her for recording dying declaration. But instead, the I. O. went to record her statement but she was lying unconscious. Therefore, the dying declaration could not be recorded. It is difficult to reject the prosecution case under the circumstances of the case. So because of the above mentioned circumstance, the statement of the lady could not be recorded otherwise the same could have been recorded under Section 161, Cr. PC. even and it could have been used as a piece of evidence against the accused. None should be blamed for that. 39. So because of the above mentioned circumstance, the statement of the lady could not be recorded otherwise the same could have been recorded under Section 161, Cr. PC. even and it could have been used as a piece of evidence against the accused. None should be blamed for that. 39. Thus after a thread-bare analysis of the entire evidence and circumstances on the record, I find that the learned lower court has come to a correct conclusion and there is no reason to disturb the same. 40. The learned counsel has next submitted on the point of sentence that a lenient view should be taken. I do not agree. The accused has blatently committed the murder of Smt. Premwati. However, the learned Addl. Sessions Judge was kind enough to convert the offence into one under Section 304 of the I. P. C. He has passed a lenient sentence. Further softening of the sentence is not justified, otherwise, it would make a mockery of justice. 41. Thus there is no justification to further reduce the sentence. 42. The appeal is accordingly dismissed. The conviction and sentence awarded by the learned lower court is upheld. The accused is on bail. His bail bonds and surety bonds are cancelled. He shall be taken into custody forthwith by the C. J. M. concerned, who shall submit a compliance report to this Court within one month from today. Appeal dismissed. .