N. L. GANGULY, J. This Criminal Appeal by Chandra Pal and 5 others was filed against the judgment and order dated 21-4- 1980 passed by the IIIrd Addl. Sessions Judge, Sri H. P. Pathak, Aligarh, convicting all the appellants under Sections 148, 302 read with Section 149, I. P. C. and 307 read with Section 149, I. P. C. and sentencing two years R. I. , imprisonment for life and seven years, respectively. All the sentences were directed to run concurrently. 2. During the pendency of the appeal, the appellant No. 6 Dhundhi died. After the report of the C. J. M. Aligarh, the appeal of Dhundhi stood abated. 3. The prosecution case is that deceased Kanhi used to carry on the business of purchasing and selling milk. He used to purchase milk from the accused persons Gajraj, Janga alias Jangjit, Chandra Pal and Dhundhi and also from Munshi, Suresh, Badam Thakur and Rajpal. On 27th October, 1987 at about 9 p. m. Kamal Singh (P. W. 3) was lying on a cot near the door of his house and his brother-in-law Bidha was also there. A little ahead of that place there was a pipal tree and below that tree deceased Kanhi was lying on a cot. Charan Singh (P. W. 5) was also there. Harvested baira crop of the accused Dhundhi was lying near the pipal tree. The accused Dhundhi took the deceased Kanhi with him to the house of Smt. Dulari (PW 4) on the pretext of getting the account relating to purchase of milk settled and they arrived at the Gher of Smt. Dulari. In the meantime, accused Chandra Pal, Pemaraj and Munshi armed with pharsas and the accused persons Janga, Gajju and Ramesh armed with lathis arrived there and started beating Kanhi by wielding their respective weapons on him. Kanhi raised alarm, hearing it, Kamal Singh (PW 3), Charan Singh (PW 5) and Bidha rushed and arrived there. Kanhi had already been assaulted and on accosting of the accused persons themselves to beat Kamal Singh, they wielded their weapons and belaboured seriously Kamal Singh (PW 3 ). Kamal Singh had received injuries on his person and fell down during the course of the occurrence. Smt. Dulari had attempted to rescue the victims aforesaid and she was also beaten by the accused by their respective weapons. Kamal Singh had received injuries on his person and fell down during the course of the occurrence. Smt. Dulari had attempted to rescue the victims aforesaid and she was also beaten by the accused by their respective weapons. At that time, a chirag was burning, besides that the Chulah was also burning there. There was a burning Idntern of Bhima nearby which also emitted sufficient light at the scene of occurrence. From the aforesaid source, sufficient bright light was available at the place of occurrence. Kanhi died on the spot. Kamal Singh (PW 3) and Smt. Dulari (PW4) had received injuries in the assault. 4. An F. I. R. of the occurrence was lodged at 11 p. m. on 23-10-78 at the Police Station Lodha by Bidha, informant. The Investigating Officer Sri Ajay Pal Singh (PW 7) who was also the Station Officer, was present at the Police Station at the time the F. I. R. was lodged. On the basis of the F. I. R. a chick report (Ext. Ka 4) was prepared and the Station Officer himself took up the investigation after the case was registered in the general diary at that time. He interrogated Bidha, informant-complainant and Sri Mahendra Singh, who had accompanied Bidha to the Police Station. The Investigating Officer thereafter proceeded to the scene of occurrence and arrived there at 1 a. m. There he interrogated Kamal Singh (PVV 3) and Smt. Dulari (PW 4 ). The Investigating Officer sent the injured persons to the Primary Health Centre, Lodha for medical examination alongwith the complainant Shyam Behari. The I. O. thereafter interrogated Charan Singh (PW 5) and Bhim Singh and others. 5. The I. O. found the deadbody of Kanhi inside the house of Smt. Dulari in her Sehan. The inquest report (Ext. Ka 6) relating to the deadbody was prepared. The chal-lan lash (Ext. Ka 7), photo-lash (Ext. Ka 8) were prepared by him. A report addressed to the Chief Medical Officer, another report addressed to Chief -Medical Officer, Aligarh and another report addressed to the Revenue Inspector marked as Exts. Ka 8 to Ka 11, were prepared. The deadbody of Kanhi was sealed on the spot and was sent alongwith the necessary papers for post-mortem, through constable Hari Mohan (PW 6) and Jagpal. The site plan Ext. Ka 13 was prepared after inspection of the place of occurrence. Ka 8 to Ka 11, were prepared. The deadbody of Kanhi was sealed on the spot and was sent alongwith the necessary papers for post-mortem, through constable Hari Mohan (PW 6) and Jagpal. The site plan Ext. Ka 13 was prepared after inspection of the place of occurrence. The recovery memo of blood-stained earth and unstained earth near the place where the deadbody of Kanhi was prepared. One Bamboo lathi and one iron Kundarka was found at the place of occurrence which was taken in possession and possession memo was prepared. The kundarka was blood stained and the lathi was fixed with iron sham. The tamp (chirag) was also taken in possession after preparing the possession memo (Ext. Ka 16 ). The lantern of Khubi Ram which was burning in the house in front of the scene of occurrence, was also taken in possession by the I. O. The accused persons named in the F. I. R. were searched but were not available in their houses. 6. The accused persons were committed by the Judicial Magistrate for trial to the Court of Sessions under Sections 147, 148, 302 and 307 read with Section 149, I. P. C. and the Sessions Court framed the charges aforementioned. 7. The charges against them are that they on the 23rd day of October, 1978 at 11 p. m. at village Karsus, within the circle of P. S. Lodha, Distt. Aligarh, at the hotfse of Smt. Dulari, committed rooting, after having formed and unlawful assembly armed with deadly weapons, namely pharsa and lathis and thereby committed offence punishable under Section 148, I. P. C. ; that they on the aforesaid date, time and place and in prosecution of the common object of the said unlawful assembly, did commit the murder of Kanhi and thereby committed an offence punishable under Section 302/149,1. P. C. ; that they on the aforesaid date, time and place in prosecution of the common object of the said unlawful assembly assautled Smt. Dulari with such intention and under such circumstances that if by that act they had caused her death, they would have been guilty of murder and injuries were caused to Smt. Dulari and that they thereby committed an offence punishable under Section 307/149, I. P. C. and that they on the aforesaid date, time and place in prosecution of the common object of the said unlawful assembly assaulted Kamal Singh with such intention and under such circumstances that if by that act they had caused his death, they would have been guilty of his murder and injuries, were caused to Kamal Singh and thereby they committed an offence punishable under Section 307/149, I. P. C. 8. The accused persons pleaded not guilty and asserted 19 have been falsely implicated in the case, so that Kamal Singh (PW 3) may escape punishment who according to them alongwith Kanhi and other companions had gone to me house of Smt. Dulari (PW 4) to commit dacoity and who was injured there by villagers and where Kanhi expired on account of sustaining injuries at the hands of the villagers. 9. The prosecution examined PW 1 Dr. H. A. Khan, who examined the injuries of Smt. Dulari and Kamal Singh. Dr. S. C. Agarwal (PW 2) was also examined. The prosecution also examined the injured eye- witnesses namely, PW 3 Kamal Singh and PW 4 Smt, Dulari, besides eye-witnesses PW 5 Charan Singh. Had Mohan (PW 6) took the dead-body of Kanhi for post-mortem examination and PW 7 Sri Ajay Pal Singh, Investigating Officer appeared as prosecution witnesses. 10. Dr. H. A. Khan (PW 1) medically examined Smt. Dulari (PW 4) at Primary Health Centre, Lodha on 24- 10-78 at 2. 45 a. m. and prepared the injury report Ext. Ka I. He found the following injuries on her person: (1) Incised wound 2" x 1/2" x bone deep on the left side of forehead 3/4" above the left eye brow. (2) Incised wound 1-1/2" x 1/4" x bone deep on the left side of scalp posteriority 3" above the left ear. (3) Incised wound 1. 1/4" x 2/10 x scalp deep 1" behind the injury No. 2. (2) Incised wound 1-1/2" x 1/4" x bone deep on the left side of scalp posteriority 3" above the left ear. (3) Incised wound 1. 1/4" x 2/10 x scalp deep 1" behind the injury No. 2. (4) Block eye left eye involving upper lid all and lower lid upto 1/4" below the left eye. (5) Contused swelling 3" x 1. 1/2" on outer aspect of left arm with contusion 1. 1/2" x 1" in its middle. Swelling was 3-l/2"above the lateral epicondyle of humerus. 6. Bleeding from left nostril was present. 11. In the opinion of the doctor injury No. 5 was simple. The injuries Nos. 1 to 4 and 6 were kept under observation and X-ray was advised. The injuries Nos. 1 to 3 were caused by some sharp edged weapon, e. g. pharsa. The injury No. 5 was caused by some hard blunt object, e. g. lathi, injury No. 6 was caused by injuries Nos. 1 to 3 or by any one of them or could have been caused by a direct blow of any hard object. The injury No. 4 could have been caused by injuries No. 1 to 3 or by any of them. He also opined that all the injuries were fresh and could have been caused at 9 p. m. on 23-10-78. 12. The above doctor medically examined Kamal Singh (PW 4) on 24-10-78 at 3. 30 a. m. and prepared the injury report Ext. Ka 2. He found the following injuries on his person: (1) Incised wound 2" x 1/4" x bone deep in the mid line of scalp crossing mid line obliquely 5 above the nose bridge. It was kept under observation. (2) T shaped incised wound or posterior aspect of scalp transversely 2" x 1/2" x bone deep and vertically 1. 3/4" x 1/4" x bone deep 2. 1" posterior to injury No. 1. (3) Incised wound 1. 3/4" x 1/4" x bone deep on right side of scalp 1. 1/4" lateral to injury No. 2. (4) Incised wound 3-1/2" x bone deep on right side of scalp 1/2" above the right ear. (5) Incised wound 2" x 1/4" x bone deep 1/2" anterior to injury No. 4. (Injuries No. 4 and 5 were in direction from midline to ear.) (6) Incised wound 2" x 1/2" x bone deep 3/4" above the wrist joint at right fore-arm medial aspect. (5) Incised wound 2" x 1/4" x bone deep 1/2" anterior to injury No. 4. (Injuries No. 4 and 5 were in direction from midline to ear.) (6) Incised wound 2" x 1/2" x bone deep 3/4" above the wrist joint at right fore-arm medial aspect. The cut bone was visible from the wound. It was transverse to arm. (7) Incised wound 1. 1/2" x 1/4" x bone deep on- medial aspect of right hand 1. 2/2" above the styloid process of Ulna. It was transverse to hand. (8) Incised wound 1. 3/4" x 1/4" x bone deep on anterior aspect of left leg 1" below the tuberroie of tibia. (9) Incised wound 3" No. 8. x 1/4" x bone deep on anterior aspect of left leg 3" below injury (10) Incised wound 1. 1/2 x 1/4" x muscle deep on right side of shoulder. Incised wound 1. 1/4/ x 1/4 x muscle deep 1. 1/4" posterior to injury No. 10 on right shoulder. (12) Linear abrasion 3. 1/2 on lateral aspect of right side of chest 4" above the coastal margin. 13. In the opinion of the above doctor the general condition of the injured was poor. Pupils of both the eyes were equal in size and reacting to light and he was conscious. There was no vomiting. 14. He also opined that injuries Nos. 8 to 12 were simple. The injuries Nos. 1 to 7 were kept under observation and X-ray was advised. The injuries No. 1 to 11 were caused by some sharp edged weapon e. g. pharsa and injury No. 12 was caused by friction. All the> injuries were fresh and could have been caused at 9 p. m. on 23-10-78. The injured was sent to M. S. Hospital, Aligarh. 15. Dr. S. C. Agarwal (PW 2) conducted post-mortem examination on the dead-body of Kanhi on 25-10-78 at 4 p. m. and prepared the post-mortem examination report Ext. Ka 3. He found that the age of the deceased was 30 years and two days had passed since death. The body of the deceased was of average built and adult male. Rigor mortis and passed of from both upper and lower extremities. The body was distended. He found the following ante-mortem injuries on the dead-body of Kanhi: (1) Incised wound 4. 8cm x 5cm x bone deep on left side head 9 cm above the left ear. The body of the deceased was of average built and adult male. Rigor mortis and passed of from both upper and lower extremities. The body was distended. He found the following ante-mortem injuries on the dead-body of Kanhi: (1) Incised wound 4. 8cm x 5cm x bone deep on left side head 9 cm above the left ear. (2)Incised wound 5. 4cm x 5cm x bone deep on left side head 9. 7cm above the left ear. (3) Incised wound 2. 5 cm. x 4 cm. x bone deep just behind the left ear. (4) Incised wound 4cm x 4cm x bone deep on right side head 10 cm. above right ear. (5) Incised wound 2. 5cm x 5cm x bone deep on right side head 12 cm above right ear. (6) Incised wound 2 cm x 3 cm x bone deep on the head and occipital region. (7) Abraded contusion 7 cm x 1. 5 cm on top of left shoulder. (8) Abrasion 3 cm x 1 cm on the back of left elbow. (9) Abrasion 2 cm x 1 cm on the left ankle joint. 16. On openning the dead-body of Kanhi the above Doctor found that the partietal bone was cut fractured on left side underneath injury No. 2. Parietal bone was cut fractured on the right side underneath injury No 4. Occipital bone was cut fractured underneath injury No. 6. Membranes were congested and a big haematoma was present on the membrances. On the brain too haematoma was present. Both the chamoers of heart were empty. The stomach contained about 2 ounces digested food material. 17. In the opinion, of the above doctor the death was caused due to coma as a result of the aforementioned head injuries. He also opined that the injuries on the head of the deceased were sufficient in the ordinary course of nature to cause death. He further opined that the death of the deceased Kanhi could have been caused on 23-10-78 at 9 p. m. 18 PW 3 Kamal Singh was a Chaukidar of village Karsua PS. Lodha at the time of the occurrence. The deceased Kanhi was his son. Smt. Dulari is the daughter of Dundhi. Smt. Dulari was married with Dori Lal. Dori Lal had died before the occurrence in this case. Appellants Chandra Pal and Munshi are the real brothers of Dori Lal. 19. Lodha at the time of the occurrence. The deceased Kanhi was his son. Smt. Dulari is the daughter of Dundhi. Smt. Dulari was married with Dori Lal. Dori Lal had died before the occurrence in this case. Appellants Chandra Pal and Munshi are the real brothers of Dori Lal. 19. Kamal Singh (PW 3) in his statement said that he was the village Chaukidar. Kanhi his son was doing business of milk. He was not married. Kanhi used to purchase miik from Gajraj Jange, Munshi, Chandrapal Singh Nai, Badam Thakur and Raj Pal. He stated in the witness box that on the date of incident at about9 p. m. he was lying on a cot at his door when Kanhi deceased and Charan Singh were also there near the pipal tree. Bajra crop of accused Dhundhi was lying. Dhundhi was there at that time. Dhundhi told Kanhaiya that he was going to village Surir Distt. Mathura next day. As such, he asked to settle the account of milk. There nad been some altercation and marpit 4, 6, 10 days before the incident between Kanhi and Janga appellant. Kamal Singh, Bidha and Charan Singh had asked Kanhi not to go in the night. Kanhi said that he would be returning soon ana had left alongwith the Dhundhi accused. Kanhi deceased and Dhundhi accused reached the gher of Dhundhi deceased. Smt. Dulari is the daughter of accused Dhundhi who also lived there with Dhundhi. Kamal Singh heard the alarm raised by Kanhi "dadda CAME, I AM BEING BEATEN. "on hearing the alarm of son, Kamal Singh, Charan Singh and Bidha rushed to that site of the incident i. e. the house of Smt. Dulari. There, they saw that the accused persons were assaulting with ghrasas and lathis the deceased Kanhi. He specified that Munshi, Chandra Pal, Premraj were armed with phar-sas, Janga, Gajju and Ramesh were armed with lathis. Munshi accused was tried prior to the Sessions Trial. Bidha on seeing the marpit by accused, left the Gher. Kamal Singh had reached near the deceased Kanhi. Kanhaiya was lying on the floor. The accused persons aforementioned accosted and said beat him also and then all the accused assaulted Kamal Singh witiipharsas and lathis. Smt. Dulari, the daughter of the accused Dhundhi was there who rushed to save the injured and the victim from assaulted. Kamal Singh had reached near the deceased Kanhi. Kanhaiya was lying on the floor. The accused persons aforementioned accosted and said beat him also and then all the accused assaulted Kamal Singh witiipharsas and lathis. Smt. Dulari, the daughter of the accused Dhundhi was there who rushed to save the injured and the victim from assaulted. The accused persons aforementioned also belaboured Dulari who also received pharsa and lathi injuries on her person. 20. Kamal Singh (P. W. 3) stated that husband of Dulari had died about a year back. The appellants Chandra Pal Munshi are the real brother of husband of Smt. Dulari. Kanhi alias Kanhaiya used to visit the house of Smt. Dulari. A question was put to the witness in the witness-box as to whether the accused persons liked to visit of Kanhi to the house of Smt. Dulari or not. The witness gave an evasive reply that he (Kanhi) did nothing and had volunteered with deceased Kanhi and Kamal Singh are Khatik by caste and Smt. Dulari and others were Thakurs. 21. Kamal Singh (P. W. 3) had stated that there was a lamp (Chirag) burning and the oven (chulha) was also burning and very near lantern of Bhima was also burning. There was sufficient light and things were visible like light in the day. 22. The prosecution had examined P. W. 5 Charan Singh who had stated that at about, 9 p. m. after taking his meals, he was massaging the house, Bidha informent of the F. I. R. was there with him. Charan Singh was massaging the house and was talking to Bidha. The house of Dori, husband of Smt. Dulari was nearby from where the sound was heard "mare LAL MARELA" meaning "my son-beaten". Hearing this witness Charan Singh and Bidha rushed to the house of Dori. Lantern of Bhim Singh, diva of Dulari and fire was burning there. The witness said to have entered the house of Dori Lal and Bidha and stated to have witnessed the assaulted made by Munshi and Chandra Pal, Dhundhi, Bema, Jange, Gajraj and Ramesh on Kanhi deceased with lathis andpharsas. At the time of trial, except the accused Munshi all the accused persons were present in the dock who have been identified. This witness also stated that the accused persons had assaulted with lathis andpharsas. 23. The prosecution examined Smt. Dulari (PW 4 ). At the time of trial, except the accused Munshi all the accused persons were present in the dock who have been identified. This witness also stated that the accused persons had assaulted with lathis andpharsas. 23. The prosecution examined Smt. Dulari (PW 4 ). She stated that approximately it was about 11 oclock in the night she was sleeping with her children at her house, the badmash had entered her house from the northern side. Her father Dhundhi accused had come two days before the date of incident, whom she had called for getting her house built. The Badmash started breaking the lock of her house. She raised alarm, the badmash started asking that her father had come for getting her house constructed, where is the money. The witness Smt. Dulari said that her father was sleeping in the field, the money might be with him. When the badmash started harassing Smt. Dulari, she raised alarm and then they assaulted her. She said after she was assaulted, she did not know -what had happened. She had not seen any one coming or going. She denied to have any light present in the house at the time of the incident. This witness was declared hostile by prosecution. The prosecution was permitted to cross- examine her. She had stated that at the time of the occurrence, she was a widow, she was a buffalo but it was not milking. She denied that deceased Kanhi used to visit her house. 24. Heard Sri Gopal Swarup Chaturvedi, learned Counsel for the appellants and Sri K. C. Saxena, Addl. Government Advocate and perused the record of the case. Shri Chaturvedi submitted firstly that there was no light available at the scene of the occurrence to enable the witnesses to have witnessed the incident. He secondly submitted that Charan Singh (PW 5) had admitted in his statement that after hearing the alarm raised by the witnesses, the persons living nearby the neighbours had reached the place of incident. He submitted that the prosecution has not been able examine any independent witness. He thirdly submitted mat the deceased Kanhi was person of shady character. Kanhi was involved in the dacoity of village Untgiri and he was detained in jail for about 11 months. Dacoity of Untgiri was committed 2-4 years back. He submitted that the prosecution has not been able examine any independent witness. He thirdly submitted mat the deceased Kanhi was person of shady character. Kanhi was involved in the dacoity of village Untgiri and he was detained in jail for about 11 months. Dacoity of Untgiri was committed 2-4 years back. A dacoity was committed in village Haibatpur, a year or two (sic), Kanhaiya was also challenged in the said case. 25. Kamal Singh (PW 3) was village Chaukidar of PS. Lodha. Sri Chaturvedi submitted that Lodha police haa soft corner for the village Chaukidar Kamal Singh. It was urged that the dacoity was committed at the house of Smt. Dulari in the night of the occurrence. Kanhi decease, whose antecedents were not good and was previously involved in the dacoity cases was there amongst the dacoits who had come to commit the dacoity at the house of Smt. Dulari. It has been argued that Kamal Singh (PW 3) was also amongst the dacoits. Kanhi deceased and Kama! Singh (PW 3) were assaulted by the villagers in the night of the occurrence, when they had come to commit the dacoity the house of Smt. Dulari. It is submitted that the Investigating officer was wanted to conceal the participation of Kamal Singh (PW 3) in the dacoity at the house of Smt. Dulari. It has been argued that Smt. Dulari (PW 4) had been declared hostile but her statement appears to be more probable and correct that dacoits had entered in her house and had asked her to disclose where the money was kept and in the course of extraction, the information she was also assaulted. 26. The arguments advanced by the learned Counsel for the appellant has been scrutinised by us by examining the evidence on record in detail. It is evident from the statement of PW 3 Kamal Singh that Kanhi was previously involved in two dacoity but it has come in evidence that he was acquitted in the said two cases. Mere involvement shown in a case is not sufficient when in fact it has come in evidence that he was acquitted in the said case. The witness PW 4 Dulari had given her statement to the I. O under Section 161, Cr. P. C. Soon after the incident, the LO. recorded the same and the statement under Sectionl61, Cr. Mere involvement shown in a case is not sufficient when in fact it has come in evidence that he was acquitted in the said case. The witness PW 4 Dulari had given her statement to the I. O under Section 161, Cr. P. C. Soon after the incident, the LO. recorded the same and the statement under Sectionl61, Cr. P. C. have been proved in the Sessions trial as Ext. Ka-20 and Ext Ka-21 which supports the prosecution case. She had nowhere stated at any earlier stages that miscreants had arrived at her house in the night of the occurrence at about 11 p. m. It appears that the appellant Dundhi (since dead), is father of Smt. Dulari and the two other appellants namely, Chandra Pal anc! Munshi are the real brothers of Dori Lal husband of Smt. Dulari. She apperantly turned hostile to save her father appellant Dundhi and two Dewars namely, Chandra Pal and Munshi who are the real brothers of her husband. 27. The evidence of injured witness Kamal Singh (P. W. 3) has to be examined carefully. The evidence of PW 3 Kamal Singh that he was lying at his house and the deceased Kanhi was also there. PW & Charan Singh was also present at the door of Charan Singh. The deceased Kanhi admittedly was doing business of sale of milk by purchasing milk from various accused persons, already mentioned above. Dhundhi whose Bajra crop was near the pipal tree, close to the house of P W 3 Kamal Singh, was present there before the actual assault. It is a Dundhi who had told the deceased Kanhi that he was to go next day. As such the accounts be cleared. The normal conduct of a human being is evident from the statements of PW 3 Kamal Singh that he had asked Kanhi not to go in the night. This part statement is fully corroborated by witness PW 5 Charan Singh but the deceased had left for the house of Smt. Dulari saying that he would be returning just now. The fact that the deadbody of Kanhi was found in the angan of the house of Smt. Dulari is not disputed. The EI. R. of the occurrence was lodged by Bidha, who died before the trial. A perusal of the EI. The fact that the deadbody of Kanhi was found in the angan of the house of Smt. Dulari is not disputed. The EI. R. of the occurrence was lodged by Bidha, who died before the trial. A perusal of the EI. R. no doubt shows that there was no mention of source of light at the time of the occurrence. Bidha is not related to PW 3 Kamal Singh and the prompt report lodged by Bidha which gives sufficient detail in the- EI. R. cannot be thrown out or disbelieved, merely for omission to give the source of light in the F. I. R. The witnesses Kamal Singh (PW 3) and Charan Singh (PW 5) were in the witness-box and there was no suggestion to these witnesses that there was no source of light available to witness the incident. In the statement recorded under Section 161, Cr. P. C. Kamal Singh (PW 3) had stated the source of light namely burning of the chirag and the oven (chulha), besides the lantern of Bhima which was burning close to the place of the incident. A perusal of the site plan shows that the house of Smt. Dulari and the house of accused Prema, Naura, Gajju, Jagga, Munshi and Chandra Pal are towards the south of the house of Smt. Dulari. The house of PW 3 Charan Singh is shown in the south at the site plan from where Charan Singh (PW 5) and Kamal Singh (PW 3) had rushed to the house of Smt. Dulari. The suggestion of the learned Counsel for the appellant that probability of the prosecution case becomes doubtful as other independent witnesses snould have been examined in the case. The prosecution case if fully supported by the injured witnesses (PW 3) Kamal Singh whose injuries have been proved by PW 1 Dr. H. A. Khan. The injuries on the person of Smt. Dulari have also been proved by the said doctor. The perusal of the injury reports (Ext. Ka 1 and Ka 2) corroborates the evidence of PW 3 Kamal Singh. The mere fact that Smt. Dulari (PW 4) turned hostile is not sufficient to discard the prosecution case. There appears to be force in the argument of the learned Counsel for the State that Smt. Dularis father appellant deceased Dhundhi and his two dewars are the real brothers of the deceased husband Dori Lal are accused. The mere fact that Smt. Dulari (PW 4) turned hostile is not sufficient to discard the prosecution case. There appears to be force in the argument of the learned Counsel for the State that Smt. Dularis father appellant deceased Dhundhi and his two dewars are the real brothers of the deceased husband Dori Lal are accused. It is perhaps because of the reason to save the younger brothers of her husband and father, she turned hostile. The argument of the learned Counsel for the appellant that the Police Station, Lodha was interested and have soft corner for Kamal Singh (P W 3) who was the village chaukidar. It has been argued that Kamal Singh and Kanhi were amongst the dacoits wno had entered the house of Smt. Dulari on the date of incident and was assaulted by the villagers. 28. PW 5 Charan Singh corroborated in the material particulars the prosecution case. The Investigating Officer had reached the place of occurrence in the night itself and the dead-body was found in the angan of the house of Smt. Dulari. Smt. Dulari and Kamal Singh (PW 3) were injured. Both were found lying injured by the I. O. when he reached the place of occurrence in the night itself. This fact was also lands corroboration and assurance to the truthfulness of the prosecution case. It is also noteworthy that it was not proved by any material evidence on the side of the accused appellants that any report of alleged dacoity at the house of Smt. Dulari was lodged anywhere. The appellant Chandra Pal and Gajraj have stated in their statements under Section 313, Cr. P. C. that in the following morning the Investigating Officer collected the villagers and took them as well as Munshi, Dhundhi besides Mahendra, Bidha and Charan Singh to the Police Station on the pretext that the report about dacoity at the house of Smt. Dulari could be written at the police station. The I. O. had a conversation with Bidha and Charan Singh separately and accused appellants Chandra Pal. Gajraj alongwith Dhundhi, deceased appellant and Munshi were lodged in the lock up and the report of Bidha was entered. There are the mere after thought version of the appellants. The I. O. had a conversation with Bidha and Charan Singh separately and accused appellants Chandra Pal. Gajraj alongwith Dhundhi, deceased appellant and Munshi were lodged in the lock up and the report of Bidha was entered. There are the mere after thought version of the appellants. No report was ever sent to the higher authorities, by the appellants or any one on their behalf that a dacoity was committed at the house of Smt. Dulari and instead of recording of dacoity at the house of Dulari, the inmates and Dewars of Smt. Dulari and her father have been made accused in a 302 I. P. C. case. A perusal of the statement of Sri Ajay Pal Singh, I. O. (PW 7) showing that it was not suggested to him that the accused persons Chandra Pal, Gajraj, Munshi besides Dhundhi were taken by him from the village to the police s tion on the pretext that the report about the dacoity at the house of Smt. Dulari would be written at the police station and at the police station after separate talk with Bindha and Charan Singh, accused persons Chandra Pal, Gajraj Munsif and Bundhi, deceased were lodged in the lock up and the report of Bidha was entered. In the absence of such a suggestion to the I. O. , it is legitmate to conclude that the suggestion taken by the appellants in the trial was an after thought and the stand set up by the accused. 29. From the careful scrutiny of the evidence on record, it is abundantly clear that there was light of Deepak and the oven, besides the light of the lantern in front of the house of Bhim Singh. It is wholly immaterial that the source of light was not mentioned in the F. I. R. which was lodged by Bidha soon after the incident. The presence of light at the time of the incident and recovery of the lamp and the lantern by the I. O. soon after the report at the time of the inspection -made by the I. O. and the statements under Section 161, Cr. P. C. cannot be discarded. It appears that the light available at the place of incident was quite sufficient to see and witness and the incident when the assailants were all known persons of the village. P. C. cannot be discarded. It appears that the light available at the place of incident was quite sufficient to see and witness and the incident when the assailants were all known persons of the village. The prosecution case is also established from the occular evidence of the injured witness Kamal Singh (PW 3) and the evidence recorded under Section 161, Cr. P. C. proved and marked Ext. Ka 20 and Ka 21 given by Smt. Dulari to the I. O. also lends support to the prosecution case. The nature of injury on the person of the deceased and the nature of the injuries on the person of PW 3 Kamal Singh and PW 4 Smt. Dulari also corroborate that the assault was made on these persons by similar weapons in the same incident as apparent from the size and nature of injuries from the injury reports and post-mortem report. 30. After hearing the learned Counsel for the appellants and learned A. G. A. and perusing the record, we are satisfied that the prosecution has proved the case against the appellants. It is proved that the appellants on the date of incident had formed an unlawful assembly armed with deadly weapons, namely pharsas and lathis and committed the offence under Section 148, I. P. C. and on that said date, time and place, they committed the murder of Kanhi punishable under Section 302/149, I. P. C. and also m the same transaction in prosecution of the common object of the said unlawful assembly assaulted Smt. Dulari and caused injuries to Kamal Singh (PW 3) and committed an offence under Section 307/149, I. P. C. The Court below after examining the evidence of the witnesses and statement of the accused, appears to have arrived to a correct and just decision in the Sessions Trial. 31. The appeal has no force and is, thus, dismissed. The appellants Chandra Pal, Janga alias Jangjit, Gajju, Pema and Rakesh are on bail, their bail bonds stand cancelled and they shall be taken into custody forthwith to serve the sentences, awarded to them. 32. The appeal of appellant No. 6 Dundhi stands abated. Appeal dismissed. .