Paras Nath and his son Shiv Shanker were convicted under Sec tion 302/34,i. P. C and 307/34,i. P. C. by Sri Govind Prasad, the then IVth Addl. Ses sions Judge, Allahabad as per his judg ment and order dated 16- 8-79 and were sentenced to undergo life imprisonment under the first count and three years R. I. under the second count. Aggrieved by the said judgment and order Paras Nath preferred Criminal Appeal No. 2438 of 1979 and Shiv Shanker preferred Criminal Appeal No. 2632 of 1979. 2. It appears that during the pendency of the appeal Paras Nath had died. His appeal was, therefore, abated as per order dated 16-9-1976, passed by Honble S. K. Verma, J. and Honble R. N. Ray, J. The appeal as against Shiv Shanker was heard by us and is being decided as under: 3. The prosecution story briefly stated is as follows: Sri Satya Narain (PW-1) was a resi dent of village Barauna, Police Station Handia, district Allahabad. He had three sons viz. Paras Nath (accused since dead), Awadh Narain (deceased) and Ashok Kumar (P. W, 3 ). Accused appellant Shiv Shanker was the son of Paras Nath ac cused. Formerly they all were living together, but since Paras Nath used to quarrel regarding the property of his father Satya Narain and wanted to become separate, Satya Narain made a private par tition of his houses and agricultural plots. He divided all his fields into four portions. A boundary wall was carved out in all the fields held by him. Satya Narain divided his old house into two portions. He gave southern portion of his old house to Paras Nath and northern portion of the said house to Awadh Narain (deceased ). He gave his new house which was adjoining to the old house his third son Ashok Kumar, complainant (P. W. 3 ). He started living with Ashok Kumar and Awadh Narain. Sri Satya Narain was having a pumping set, a grove and cattle shed at a distance of about four Big has from his old house. He had constructed two rooms there. In one room, there was pumping set and the other room was used by him for the purpose of living. He was also having electricity connection, with which he used to run the pumping set. He had constructed two rooms there. In one room, there was pumping set and the other room was used by him for the purpose of living. He was also having electricity connection, with which he used to run the pumping set. The room in which the pumping set was installed had its opening towards the west. There were electricity bulbs in front of both the rooms which kept burning during night for the purposes of safety and security of the cattle, machines and straw which was stored there. Satya Narain used to sleep over the pumping set. A thresher was also installed there. He used to sift his grains there. 4. Regarding the partition of the houses as well as the agricultural plots there used to be a quarrel in between the wives of Paras Nath and Awadh Narain (deceased ). Earlier to the incident of this case Shiv Shanker, the son of Paras Nath had assaulted the deceased by means of a sword about four months before the date of this incident about which a report was lodged at the police station. Awadh Narain got his injuries examined by the medical officer. Paras Nath and his son Shiv Shanker (accused before this court) ob tained bail from the Court. Paras Nath did not sow any crop in his fields which were given to him in the private partition by his father. The deceased Awadh Narain had three daughters. His brother Ashok Kumar had one daughter, whereas Paras Nath had five sons. Paras Nath was not happy with the partition made by his father. He wanted to grab the entire property himself. He used to demand his share in the crop raised by the other brothers and father and asked his father to give 1/4th share in the crop of all the fields. His father Satya Narain told him that since he had partitioned his fields and since Awadh Narain and Ashok Kumar has raised their respective crops he had no right to demand any share in that crop. Awadh Narain (deceased) refused to give any share to Paras Nath in the crop raised by him. Satya Narain with a view to pacify the dispute in between his sons, gave two quintals of wheat relating to his share to Paras Nath. After 4-5 days Paras Nath again made a demand for the crop. Awadh Narain (deceased) refused to give any share to Paras Nath in the crop raised by him. Satya Narain with a view to pacify the dispute in between his sons, gave two quintals of wheat relating to his share to Paras Nath. After 4-5 days Paras Nath again made a demand for the crop. He threatened that if Awadh Narain would not give any crop to him, he would be killed. Awadh Narain strongly refused to give any crop to the accused Paras Nath. Paras Nath fell annoyed and went away. 5. The incident of this case took place on the intervening night of 15/16-5-78 at about 2. 00 p. m. At that time the harvested crop was stored on the pumping set. Awadh Narain (deceased), his brother Ashok Kumar (P. W. 3) and his father Satya Narain (P. W. 1) were sleeping over the pumping set. As usual an electricity bulb was burning there. Awadh Narain was sleeping on one Charpai and towards the north of his Charpai Ashok Kumar (P. W 3) and his father Satya Narain were sleeping. Hearing the cries of Awadh Narain his father Satya Narain (P. W. 1) got up and saw that his son Paras Nath and his grandson Shiv Shanker, son of Paras Nath were as saulting Awadh Narain by means of swords. When Satya Narain tried to rescue his son Awadh Narain, he too was assau lted by Paras Nath and his son Shiv Shanker. Hearing the cries Ashok Kumar also got up. He raised an alarm and attrac ted Ghina and Jiyaram, the villagers of the vicinity. Paras Nath and his son Shiv Shan ker ran away after causing the injuries to Awadh Narain and Satya Narain. Awadh Narain succumbed to his injuries on spot. 6. A written report Ext. Ka-1 about this occurrence was lodged by Ashok Kumar (P. W 3) at police station, Handia at about 7. 05 a. m. on 16-5-78. The police station lay at a distance of about 8 kilometres from the scene of occurrence. Head Constable Devi Prasad Saxena (P. W. 2) prepared chick report and G. D. report on the basis of the first information report (Exh. Ka-1 ). 7. S. I. Roshan Lal Verma (P. W. 6), who was then working as Station House Officer, Police Station Handia immedi ately took up the investigation of the case in his hand. Head Constable Devi Prasad Saxena (P. W. 2) prepared chick report and G. D. report on the basis of the first information report (Exh. Ka-1 ). 7. S. I. Roshan Lal Verma (P. W. 6), who was then working as Station House Officer, Police Station Handia immedi ately took up the investigation of the case in his hand. He recorded statement of Ashok Kumar and referred Satya Narain injured for medical examination to the Primary Health Centre, Handia where he was medically examined by Dr. D. P. Singh (P. W. 4) on 16-5-70 at 8. 30 a. m. Dr. D. P. Singh found the following injuries on the person of Satya Narain: (1) Incised wound 4" x 1-1/2" x 2" on left side neck including half lower left ear. (2) Incised wound 1-1/2" x 1/2" x 1/8" on the back of right arm, 1" above elbow joint bleeding on touch. (3) Incised wound 2"x 1"x 1/2" on the back of chest 7" below shoulder joint. (4) Incised wound 1" x 1/2 x 1/2 on the back of chest 4" below 7th cervical vertibra. (5) Incised wound 1/2" x 1/8" on the tip of left middle finger. 8. S. I. Roshan Lal Verma rushed to the scene of occurrence and after inspect ing the dead body of the deceased and preparing inquest report and necessary papers, he des patched the dead body of the deceased through constable Jagannath and Vijai Bahadur for post-mortem ex amination to the district headquarter where Dr. G. S. Saxena (P. W. 5) conducted autopsy on the dead body of the deceased on 17-5-78 at 2. 30 p. m. and found the position as under: The deceased was aged about 35 years. His body was average built. Eyes were closed. Mouth closed. Abdomen distended, penis and scrotum were distended. Rigor mortis had passed off over the upper limbs and was also posing over the lower limbs. Dr. Saxena found the following ante-mortem injuries: (1) Incised wound 7" x 3-1/2" x bone with right side root of the neck cutting all tissues including great vessels. (2) Incised wound 2" x 1/2" x muscle right side neck 1" above injury No. 1 transverse. (3) Incised wound 6" x 2" x bone with left side root of the neck transverse cutting all the structures of neck including great vessels and trachea. (2) Incised wound 2" x 1/2" x muscle right side neck 1" above injury No. 1 transverse. (3) Incised wound 6" x 2" x bone with left side root of the neck transverse cutting all the structures of neck including great vessels and trachea. (4) Incised wound 4" x 1" muscle on the left side neck 1-1/4" above injury No. 3. (5) Incised wound 1" x 1/2" on the right pinna of the ear. (6) Vertical incised wound 5" x 2" x muscle on the right delted region, extending up to right shoulder. (7) Incised wound 4" x 1-1/2" x bone on the back of the right fore-arm cutting the under lying both bones. (8) Incised wound 1-1/2" x 1/2" bone on the inner aspect of the right wrist. 9. On internal examination Dr. Saxena found that vessels of both side neck under injury Nos. 1 and 3 were cut. He opined that the aforesaid ante-mortem in juries could have been caused by means of a sword on the intervening night of 15/16-5-78 at about 2. 00 p. m. 10. S. I. Roshan Lal Verma (P. W. 6) carried out a detailed inspection of the scene of occurrence and prepared site-plan Ex. Ka-16. He recovered blood stained and simple earth from the scene of occurrence and prepared recovery memo (Exh. Ka-17 ). He found stains of blood over the Charpai on which the dead body of the deceased was lying. He obtained cer tain Bands of the said Charpai and prepared recovery memo Exh. K. a-18 about the same. He searched out the accused persons but they were not available. The accused appellants surrendered before the court below. After completing his investigation S. I. Rosha" Lal Verma submitted a charge-sheet against the ac cused appellants. 11. After committal, the case came up for trial before the then IVth Additional Sessions Judge, Allahabad who framed charges under Sections 302/307/34,1. P. C. against the accused appellants. The accused appellant pleaded not guilty and claimed trial. 12. Accused Paras Nath slated that the deceased Awadh Narain was a bad character. During consolidation opera tion he created a number of enemies. Ashok was out to destroy Awadh Narain. Awadh Narain had won over the con fidence of his father. He was having an eye over the property of his father. 12. Accused Paras Nath slated that the deceased Awadh Narain was a bad character. During consolidation opera tion he created a number of enemies. Ashok was out to destroy Awadh Narain. Awadh Narain had won over the con fidence of his father. He was having an eye over the property of his father. The inci dent had taken place at two separate places and at two different times. The accused appellant Shiv Shanker simpliciter denied his participation in the occurrence in ques tion. He offered no explanation for his false implication. No evidence in defence was adduced by the accused persons. After. needful trial into the matter the accused appellants were convicted and sentenced as aforesaid. Hence the appeal. 13. We have heard Sri J. S. Sengar, learned counsel for the accused appellant, Sri A. K. Verma, A. G. A. for State and Sri Dilip Kumar learned counsel for the com plainant considered their contentions and have re-appraised the evidence on record. 14. Six witnesses in all were examined by the prosecution before the court below out of whom Satya Narain (P. W. 1) Ashok Kumar (P. W. 3) were the witnesses of fact. P. W. 2 Devi Prasad Saxena was the Head Constable who proved the chick report and G. D. Report P. W. 4 Dr. D. P. Singh proved the injuries which lie found on the person of Satya Narain P. W. 5. Dr. G. S. Saxena conducted autopsy on the dead- body of the deceased and P. W. 6, S. I. Roshan Lal Verma was the Investigating Officer of the case. 15. It is clearly proved by the medical evidence of Dr. D. P. Singh (P. W. 4) who was working as Medical Officer at Primary Health Centre Handia that a number of incised wounds as detailed in the body of this judgment were found on the person of Satya Narain (P. W. 1) and that those in juries could have been caused during the intervening night of 15/16-5-78. 16. Similarly, the medical evidence of Dr. G. S. Saxena (P. W. 5) clearly proved that a number of incised wounds of various dimensions caused by means of a sword were found on the person of deceased Awadh Narain and that those injuries were caused to him by means of a sword on the intervening night of 15/16-5-78 at about 2. Similarly, the medical evidence of Dr. G. S. Saxena (P. W. 5) clearly proved that a number of incised wounds of various dimensions caused by means of a sword were found on the person of deceased Awadh Narain and that those injuries were caused to him by means of a sword on the intervening night of 15/16-5-78 at about 2. 0c p. m. i. e. the date and time of the occurrence of the present case. 17. Thus, the fact that Satya Narain (P. W. 1) had sustained a number of injuries by means of some sharp edged weapons and that Awadh Narain (deceased) had sustained a number of injuries by means of sword and that as a result of those injuries he died, stands fully proved by the medical evidence of two doctors. 18. Now the point which arises for our determination is to see as to whether the accused appellant Shiv Shanker and his father Paras Nath were responsible for causing the said injuries. 19. Admittedly Sri Satya Narain (P. W. 1) was the father of Paras Nath and grand father of Shiv Shanker accused appellant before this Court. He specifically stated in his statement on oath before the court below that on the night of occurrence he alongwith his son Awadh Narain and Ashok Kumar was sleeping over his pumping set where the crops duly har vested were lying. Satya Narain was keep ing his catties there. He was having pump ing set there. He specifically stated that an electricity bulb was burning at the time of the occurrence and that hearing the cries of Awadh Narain he got up. He saw Paras Nath and Shiv Shanker assaulting his son Awadh Narain by means of sword. He tried to save Awadh Narain. Paras Nath and accused appellant Awadh Narain also assaulted him and caused a number of injuries on his left ear, on the back side of his head and chest and towards the right side of his eyes, also on right hand and the fingers of right hand. 20. The circumstances that Salya Narain sustained injuries on his right hand as also on his back side, fully go to show that he sustained those injuries at the hands of the accused appellant in his bid to save his son Awadh Narain (deceased ). 20. The circumstances that Salya Narain sustained injuries on his right hand as also on his back side, fully go to show that he sustained those injuries at the hands of the accused appellant in his bid to save his son Awadh Narain (deceased ). Satya Narain (P. W. 1) was the real grand father of the accused-appellant Shiv Shanker and the father of Paras Nath (ac cused sine dead ). 21. The circumstances that Paras Nath did not hail the partition made by his father Satya Narain; the circumstances that he did not plough fields which were given by his father Satya Narain to him and yet demanded his share in the crop raised by Awadh Narain (deceased) and Ashok Kumar and further the circumstance that Awadh Narain (deceased) and Ashok Kumar were haying three and one daughter respectively, whereas, Paras Nath was having five sons, fully go to show that Paras Nath wanted his father to give all his properties to him and not to his other two sons viz. Awadh Narain (deceased) and Ashok Kumar (P. W. 3 ). It has been clearly averred by Sri Satya Narain in his statement on oath before the court bestow that when Paras Nath did not feel satisfied by two quintal of wheat which were given by him and again came to demand further crop from Awadh Narain, Awadh Narain took a strong stand and refused to give any share in the crop raised by him then Paras Nath threatened to kill the deceased Awadh Narain. 22. The circumstance that prior to the occurrence of this case a few months earlier also. i. e. on 12-1-78 Paras Nath and his son Shiv Shanker had quarreled with the deceased and had caused injuries to him and further that just a few days before the occurrence of this case, Paras Nath had threatened to kill the deceased, fully go to show that Paras Nath and his son Shiv Shanker were responsible for committing the ghastly. murder of the deceased and further for causing a number of injuries to Satya Narain with an intention to kill him as well who was an eyesore to them because of the alienation of his property to his other two sons who had no male issues and to whom Paras Nath never wanted to give any share in the property of his father. 23. Satya Narain (RW. 23. Satya Narain (RW. 1) being the real grand-father of the accused appellant Shiv Shanker it is not possible for us to disbelieve his statement. If it was a fact that the deceased was done to death by some unidentified criminals and Satya Narain has sustained injuries at the hands of some unidentified persons he would not have involved his own son and grandson into the present case. 24. RW 3 Ashok Kumar has fully corroborated the statement of Satya Narain (P. W 1) on the point that on the night of occurrence, he alongwith his father Satya Narain, brother Awadh Narain (deceased) was sleeping over his pumping set where electricity bulb was burning. He clearly stated that at about 2,00 p. m. in the night the accused appel lant Shiv Shanker and Paras Nath attacked his brother Awadh Narain by means of sword and had killed him. They also as saulted his father Satya Narain by means of sword. Ashok Kumar (P. W 3) was the maker of the F. I. R. Exh. Ka-1, which was written by him soon after the occurrence and was lodged at the police station in the early morning at 7. 05 a. m. on 16-5-78 by travelling a distance of about eight kilometres. 25. The prompt F. I. R. lodged by a brother against his own brother and brothers son clearly stating therein the motive for the offence as also the role played by the accused appellants lends credence into the veracity of the statement of Ashok Kumar (P. W 3 ). 26. It was vehemently argued by the learned counsel for the accused appellant that the deceased had a number of en mities and that he was done to death by some unidentified criminals during the cover of darkness. We are unable to agree for the reason that had it been so, the own father of Paras Nath and grandfather of accused appellant Shiv Shanker viz. Satya Narain (P. W 1) and Ashok Kumar (P. W, 3) the real uncle of the accused appellant would have never deposed as aforesaid. 27. Thus, to sum up we find that the greed for property actuated the accused appellant Shiv Shanker and his father Paras Nath to eliminate the deceased Awadh Narain. Satya Narain (P. W 1) and Ashok Kumar (P. W, 3) the real uncle of the accused appellant would have never deposed as aforesaid. 27. Thus, to sum up we find that the greed for property actuated the accused appellant Shiv Shanker and his father Paras Nath to eliminate the deceased Awadh Narain. They did not lag behind in assaulting Satya Narain who was the real owner of the property when he tried to save Awadh Narain and also caused serious injuries to Satya Narain as well. 28. Thus, we find ourselves in full agreement of the approach of the comt. below in holding the accused appellant guilty for the offences punishable under Sections 302/34 and 307/34,1. P. C and ac cordingly affirm the order of conviction and sentence passed by the trial court against the accused appellant. The appeal has got no force. It is hereby dismissed. The bail granted to the accused appellant Shiv Shanker vide this Courts order dated 6-9-89 is hereby cancelled. C. J. M. , Allahabad is directed to commit the accused appel lant into prison to serve out his sentence according to law forthwith. 29. Let a copy of this order along with the record of the case be sent to the court below for needful compliance and report within three months. Appeal dismissed. .