Judgment : N.L. Ganguly, J. 1. Appellant Anis has been convicted under Section 302, I.P.C. and sentenced to life imprisonment by the Court of Sessions Judge, Muzaffarnagar in S. T. No. 254 of 1979. Appellant Anis is resident of Kandhla Town, P. S. Kandhla, Distt. Muzaffarnagar. Charge under Section 302, I.P.C. simplicities was framed against him for committing murder intentionally and knowingly causing the death of Km. Kela on 28.7.79 at 11.30 a.m. in gali near Ramlila Mandap in Town of Kandhla P. S. Kandhla. The appellant pleaded not guilty and was tried by the court below. 2. F.I.R. dated 28.4.79 was lodged at P. S. Kandhla at 1.30 p.m. by Dhannu Prasad. It was stated in the F.I.R. that the informant's daughter Kela at 8 O'clock in the morning had come to work in the town. After finishing work at 11.15 a.m., she had gone to bring breads. At about 11.30 a.m., when she had reached Ramlila Mandap in the lane, appellant Anis s/o Nisar who had taken the flour mill of Masood on contract, started teasing her. Kela gave out that she would beat him chappal if he tried to misbehave with her. The appellant stopped her and tried to take her in his grip. Kela resisted and abused him. The appellant Anis attacked on her with a knife. On the shrieks raised, Raj Kumar Sharma, Sanwaria, Sewat, Lilaram and other persons came from nearby places. On seeing the witnesses, appellant Anis left Kela and ran away. The witnesses chased him but could not apprehend him. The informant took Kela to the hospital where the Doctor declared her to be dead. On the basis of the F.I.R. Dhiraj Pal P.W. 7. constable of P. S. Kandhla had registered the case in the G.D. under Section 302, I.P.C. against the appellant. P.W. 9 Rana Pratap Singh, S.I.was present at that time at the police station. The investigation was entrusted to him. S. I. Rana Pratap Singh interrogated the Clerk constable Dhiraj Pal at the police station. He went to the hospital, found the dead body of Kela there, prepared the inquest report and sent the dead body, to the mortuary, through constables Malkhan Singh and Mohan Lal. He interrogated Dhannu, Sanwaria, Sewat and Lila Ram. He went to the spot, prepared the site plan of the place where Kela victim was assaulted. He went to the hospital, found the dead body of Kela there, prepared the inquest report and sent the dead body, to the mortuary, through constables Malkhan Singh and Mohan Lal. He interrogated Dhannu, Sanwaria, Sewat and Lila Ram. He went to the spot, prepared the site plan of the place where Kela victim was assaulted. Bloodstains were found in the gali in front of Ram Lila Mandap. Sample of blood stained and plain earth were taken, sealed them in separate container, recovery memo was prepared. In the lane, bread, gur, aluminium katori, vegetable of potato, one pair of chappal and a tokri were found. The said articles were taken in custody and a memo in respect of the same was prepared. The accused was searched but he was not traceable. The appellant was arrested later and was also interrogated. The investigation was given to the Station Officer of Police Station on 1.5.79. The I.O., S. O. Sri Rajendra Singh sent the articles recovered Le. blood stained earth, plain and simple earth, etc. to the Chemical Examiner for opinion and after completion of the investigation, charge-sheet was submitted. 3. The dead-body of the victim Kela was sent for post-mortem examination at about 1.30 p.m. and Dr. R. K. Sharma P.W. 8 found the following ante-mortem injuries on the dead body : 1. Incised wound 2" x 1 1/4 x muscle deep on the right arm back lower third, directed from inner to outer. The margins were clean cut. 2 Stabbed wound 1" x 1/2 x muscle deep on left border of epigastrium, 4" above the unblicus. The margins were clean cut and regular. The wound was directed from outward to inward. 3. Stabbed wound 1" x 1/2 x cavity deep on the back left side, 2" medial from inferior angle of left scapula. Margins were clean cut and regular. 4. Stabbed wound 1" x 1/2 x muscle deep on the back left side 3 1/2" above inferior angle of left scapula. Margins were clean cut and regular. On internal examination, the doctor found the left pleura punctured. The upper lobe of the left lung was punctured. The chest cavity contained two pound of blood. The doctor has deposed that these injuries were sufficient in the ordinary course to cause death. The death was due to shock and haemorrhage as a result of the above mentioned injuries. 4. On internal examination, the doctor found the left pleura punctured. The upper lobe of the left lung was punctured. The chest cavity contained two pound of blood. The doctor has deposed that these injuries were sufficient in the ordinary course to cause death. The death was due to shock and haemorrhage as a result of the above mentioned injuries. 4. Formal witnesses were also examined to prove the link evidence about sealing of the dead body in cloth and taking the dead body to the Doctor for postmortem examination. The prosecution examined three-eye-witnesses namely P.W. 2 Raj Kumar Sharma, P.W. 3 Lila Ram and P.W. 4 Samaria, besides formal witnesses. P.W. 1 Dhannu is informant, the father of the deceased Kela. He is a scavenger by profession. He stated that his daughter Kela had gone to attend her duties cleaning the toilets in the town. She was coming after her work, and gone to fetch bread, she had collected the bread at 11 a.m. from the house of Mithu nai and at about 11 a.m. she has reached near Ram Lila Mandap where Anis appellant, who had taken the flour mill for running on contract was there. Anis had tried to tease and misbehave with her. The witness stated that the deceased Kela had said that if he misbehaved, she would beat him with chappal. Anis caught hold of her, Kela abused, Anis inflicted knife injuries to her. The occurrence of assault on Kela was witnessed by Raj Kumar, Samaria, Lila Ram, Sewak and others. At the time of occurrence, P.W. 1 Dhannu had gone near Jama Masjid where he learnt that Anis had assaulted Kela with knife. He rushed to the place, Anis was not there. When Dhannu had reached the place of occurrence, Kela was still alive but was speachless. Witnesses Raj Kumar Sharma, Sanwaria, Sewak and Lila Ram are said to have witnessed the occurrence. He had taken his daughter to the hospital where the Doctor declared her to be dead. He proved the F.I.R. lodged at the police station which has been marked as Ext. Ka. 1. He has also proved the chappal, aluminium katori, clothes and the basket which Kela used to carry every day. 5. He had taken his daughter to the hospital where the Doctor declared her to be dead. He proved the F.I.R. lodged at the police station which has been marked as Ext. Ka. 1. He has also proved the chappal, aluminium katori, clothes and the basket which Kela used to carry every day. 5. The evidence of P.W. I Dhannu shows that he is not eye-witness of the occurrence but he has proved the circumstances and the place from where the victim Kela was carried by him to the hospital, where she was declared dead. He also named the witnesses who had seen the occurrence Le. assault made on Kela by the appellant. 6. The witness P.W. 2 Raj Kumar turned hostile as he stated that when he had reached the place of occurrence, he had seen the person running away from back side, could not see his face from front side but he had stated that person present there were saying that Anis assaulted Kela. She was lying injured near the mandap. The prosecution declared P.W. 2, Raj Kumar Sharma hostile. His statement recorded under Section 161, Cr. P.C. by the Investigating Officer was put to him in the witness box and later proved by the Investigating Officer to be the statement given by the witness when interrogated under Section 161, Cr. P.C. Atleast from his statement, it is established that the assault on Kela was made near the mandap and she had fallen down at that place. This is also established from her statement that immediately after the occurrence, persons present there were saving that Anis appellant had assaulted the girl. This statement is, thus, also admissible under Section 6 of the Evidence Act. P. W. 3 Lila Ram corroborated the version given in the F.I.R. He stated that he had turned to the lane and near the house of Amar Nath on the eastern side of the lane when he had seen that Kela was raising alarm and was abusing Anis appellant near Ram Lila Mandap. Anis appellant was present there. He caused 3-4 knife Injuries on her. She fell there. Anis appellant ran towards east. The witness stated to have chased him who could not be apprehended. Raj Kumar, Sanwaria had also reached behind him, the injured was taken to the hospital but the doctor declared her to be dead. 7. Anis appellant was present there. He caused 3-4 knife Injuries on her. She fell there. Anis appellant ran towards east. The witness stated to have chased him who could not be apprehended. Raj Kumar, Sanwaria had also reached behind him, the injured was taken to the hospital but the doctor declared her to be dead. 7. P.W. 4 Sanwaria also corroborated the statement of P.W. 3 and stated on oath that he had seen Anis appellant inflicting knife injuries on Kela and after inflicting injuries on Kela had ran away on the other side. He was chased by this witness also but he could not be apprehended. Kela had fallen there and was declared dead by the doctor when taken to the hospital. 8. One defence witness D.W. 1 Hanif was also examined by the appellant. Hanif D.W. 1 stated that his shop is also in the lane of Ramlila Mandap. He stated to have been working in his shop and on hearing the noise had reached the place of occurrence. There he saw scavenger's daughter was lying with injuries. He had seen a person running away at a distance of 40 paces. He was a tall and fat person, could not be Identified by him as the back portion was visible to him. He denied that Lila ram, Sanwaria, Dhannu or Sewak were present there. They came thereafter half an hour. Sri Krishna Kapoor, learned counsel for the appellant placed the entire evidence before the court and strenuously argued that the evidence of the eye-witnesses is not reliable. There were other witnesses in the locality and the prosecution has not examined witnesses of locality to inspire confidence. He submitted that in view of the decision in Muthuswami v. State of Madras, AIR 1954 SC 4 ; Thakur and others v. State, AIR 1955 SC 189, since no witness of the locality and Independent witnesses examined in the case, the prosecution case is liable to fall. The learned counsel for the appellant also cited Guli Chand v. State of Rajasthan, AIR 1974 SC 276 . 9. We have perused the statement of the eye-witnesses and have also seen carefully the site plan proved in the case. The learned counsel for the appellant also cited Guli Chand v. State of Rajasthan, AIR 1974 SC 276 . 9. We have perused the statement of the eye-witnesses and have also seen carefully the site plan proved in the case. The evidence of P.W. 3 Lila Ram and P.W. 4 Sanwaria does not show that these witnesses are in any manner unreliable or interested witnesses nor there is any enmity of the appellant with these witnesses. The suggestion given to the witnesses that they are related to the informant complainant was denied. It was said that Dhannu is not related to them. Since he belongs to the same village, he addressed him as Mama. He denied any relation with Dhannu. The evidence of Sanwaria is also independent and it has not been shown that either he is a chance witness or a person resident of at a long distance. It has not been put to him that he lived at a distant place and reached the place as a chance witness. Thus, we do not consider that the argument of the learned counsel for the appellant Sri Kapoor has any substance. We, thus, hold that the witnesses Lilaram, Sanwaria are worthy of reliance. They have given a true version of the incident which they had witnessed. 10. The learned counsel for the appellant submitted that it would not be a case under Section 302, I.P.C. He also submitted that the occurrence took place suddenly without any pre meditation or pre concern. He pointed out that the age of the appellant at the time of occurrence as stated in statement under Section 311, Cr. P.C. shows that he was only about 17 years of age at that time. The deceased Kela was a young girl of about 21 years, she belonged to scavenger community. It was at about 11.30 a.m. the appellant who was a young man may have been under fit of sex and so attempted to molest the victim. She offered resistence and abused, Anis suddenly inflicted knife injuries to her. Sri Krishna Kapoor cited Shyam Lal alias Shyama v. State, 1971 ALJ 439. It was at about 11.30 a.m. the appellant who was a young man may have been under fit of sex and so attempted to molest the victim. She offered resistence and abused, Anis suddenly inflicted knife injuries to her. Sri Krishna Kapoor cited Shyam Lal alias Shyama v. State, 1971 ALJ 439. He submitted that in order to establish that a case falls under the third clause of Section 300, I.P.C, the prosecution has to prove : (1) it must establish quite objectively that a bodily injury is present, (ii) the nature of the injury must be proved, (iii) it must be proved that there was an intention to inflict that particular bodily injury that is to say, that it was not accidental or unintentional or that some other kind of injury was intended, (iv) it must be proved that the injury of the type just described made up of the three elements set out above was sufficient to cause death in the ordinary course of nature. 11. The other decision cited is Jawahar Lal and another v. State of Punjab, AIR 1983 SC 284 . This case show that the appellants in those cases had caused a solitary injury and the court was, thus, pleased to alter the sentence and conviction from Section 302, I.P.C. to Section 304, Part II. Another decision cited is Jagtar Singh v. State of Punjab, AIR 1983 SC 463 , where murder of culpable homicide was committed on account of the sudden quarrel on spur of moment arising out of trivial reason, no pre meditation or malice was there. In that case, the Hon'ble Supreme Court was pleased to convert the conviction under Section 304, Part II from Section 302, I.P.C. 12. In Tholan v. State of Tamil Nadu, AIR 1984 SC 759 , the Hon'ble Supreme Court in similar circumstances converted the sentence to Section 304, Part II. This was also a case of single injury caused to the victim on account of a sudden quarrel which has ensued there. The learned counsel for the appellant cited a decision in Chandra LaI and others v. State of Rajasthan, 1992 SCC 295 . This was also a case of single injury caused to the victim on account of a sudden quarrel which has ensued there. The learned counsel for the appellant cited a decision in Chandra LaI and others v. State of Rajasthan, 1992 SCC 295 . The Hon'ble Supreme Court in Para 3 of the said judgment clearly observed as under : "We do not propose to decide the question of law on which the lease was granted nor we consider it necessary to declare any law on the right of private defence either of property or person. But we agree with the learned counsel for appellant that in the facts and circumstances of the case, the High Court should have attached greater weight to appreciation of evidence by the trial Judge. The finding of the trial Judge that there was no evidence of inflicting any injury after the deceased had fallen down was not set aside by the High Court. The death of the deceased was caused due to head injury. Even one of the accused had head injury. The learned counsel urged that in those circumstances the accused could utmost have been convicted under Section 304-11 of I.P.C. The incident is of 1972. The appellant had been acquitted by the trial Judge in October 1972. The High Court allowed the appeal and convicted the appellant in January, 1980. The appeal was admitted in this Court on April 8, 1980 and appellants were granted bail. In these circumstances, so modify the order of the High Court and convict the appellants under Section 304-11 read with Section 34, I.P.C. and sentence them to the period already undergo. The appellants are further directed to pay a fine of Rs. 3,000 each." The facts of the present case are quite different and the decision cited is of no assistance for the appellant's case. We find that the witnesses examined in the case are independant and none of them can be said to be the chance witness or in any manner interested witnesses. Their evidence was not shaken. We have no option but to accept their testimony. Only aspect which we consider is to consider that the present case would not be a case of Section 302, I.P.C. simplicitor but it may be a case under Section 304-1. Their evidence was not shaken. We have no option but to accept their testimony. Only aspect which we consider is to consider that the present case would not be a case of Section 302, I.P.C. simplicitor but it may be a case under Section 304-1. There was no premeditation nor any such case which existed in the mind of the appellant to cause such fatal injury which was to cause death of the victim. The victim was a young girl and the appellant at the time of occurrence was also a young man, claimed to be 17 years of age. The incident occurred at the hour when the girl was all alone and the appellant appears to be a person of eratic nature, tried to take advantage of the girl and ravish her. The occurrence took place in a spur of moment when she resisted, abused and said to inflict chappal blows on him. Thus, the case appears to be one under Section 304-1, I.P.C. We thus, modify the conviction and sentence of the appellant from Section 302, I.P.C. to Section 304-1, I.P.C. and sentence him to undergo rigorous imprisonment for a period of ten years. 13. The appeal is partly allowed. The appellant is on bail. He shall be taken into custody to serve out the sentence as modified. Appeal partly allowed.