This appeal is directed against the judgment and order dated 19-1-1990, passed by the then 1st Additional Sessions Judge, Etah convict ing the appellants under Section 302 read with 34 I. P. C. and under Section 307 read with Section 34 I. P. C. and each of the ap pellants has been sentenced to imprison ment for life and five years rigorous im prisonment respectively under the said counts. 2. At the outset we may state that the appeal of appellant No. I Jai Lai stands abated as he has expired during the pen dency of appeal. 3. The prosecution case, in brief, is that the houses of Megh Singh and Gopal situate in the eastern side of the village Mirzapur while the house of accused per sons situate in the western side of that village. There was an old well near the houses of the accused persons. In April, 1979some grant was received for const ruc tion of a well in village Mirzapur. Megh Singhand Gopal deceased wanted the con struction of that well in the vicinity of their houses whereas the accused wanted that well to be constructed in the neighbour hood of their house. It is said that in this connection, on some occasions, harsh words and abuses were exchanged between the accused persons and the complainant party. In May, 1979, the well was con structed near the houses of Megh Singh and Gopal. On account of this, the accused persons started bearing ill-will towards the deceased and his family members and they threatened Gopal and Megh Singh saying that though they had succeeded in getting the well constructed in their neighbourhood but they would not be allowed to take water from the same. 4. On June 24, 1979 at about 11-30 a. m. when Megh Singh, Smt. Angoori and her husband, Gopal, were coming back from their field existing in the west of village, alter setting fire to the jawansa and had reached at the crossing of the houses of Mitthu and Beni. Jia Lal, ac cused armed with a rifle and Kehari and Shyam armed with guns arrived there from northern side. Jia Lal, ac cused armed with a rifle and Kehari and Shyam armed with guns arrived there from northern side. They challenged Gopaland Megh Singh and ironically said that they will make them drink the water of the well in a better way and they fired three or four shots from their respective fire-arms, as a consequences of which, both Gopal and Megh Singh sustained fire-arm injuries. Gopal died an instant death. The incident was also witnesses by Kedari, P. W. 3, Smt. Angoori, P. W. 4 and others. The accused persons after commission of crime ran away with their respective weapons. 5. Megh Singh who had suffered fire arm injuries proceeded Police Station Awagarh and reached there at 1. 30 p. m. He dictated an oral report, Ex. Ka-1 which was reduced to writing in the chick register and the case was registered against the nominated accused persons. Megh Singh was sent for medical examination to Government Hospital, Awagarh where his injuries were medically examined by Dr. O. P. Varshney, P. W. 6 on the same day at 3. 00 p. m. and following injuries were found. (1) Gun shot wound 1/4 cm x 1/4 with inverted edges" darkening of the skin, skin deep oozing at fine of examination on the upper and front part of right arm, near axilla. (2) Gun shot wound 1/4 cm x 1/4 cm with blackening of the skin and slight swelling around the wound on the front of chest. 7 cm medial to the right nipple, slightly above the line. (3) Gun shot wound 1/4 cm x 1/4 cm x skin deep on the front of chest. 3 cm medical and slightly lower to injury No. (sic ). (4) Gun-shot wound 1/3 cm x 1/3 cm x skin deep with slight swelling on the lower part of left side of chest, 7. 5 cm outer and lower side of chest from injury No. 3. (5) Gun-shot wound 11/4 cm x 1/4 cm x skin deep with blackening on outer side of wound on the front of let shoulder with palpable on outer side. (6) Gun-shot wound 1/4 cm x 1/4 cm x skin deep with red swelling 2. 5 cm x 1/5 cm on outer side of wound on the front of left shoulder, 7 cm outer to injury No. 5 pellet palpable. (6) Gun-shot wound 1/4 cm x 1/4 cm x skin deep with red swelling 2. 5 cm x 1/5 cm on outer side of wound on the front of left shoulder, 7 cm outer to injury No. 5 pellet palpable. (7) Gun-shot wound 1 cm x 1/4 cm x skin deep with irregular black margins on the outer side of upper 1/3 of left arm, wound oozing at time. (8)Gun-shot wound l/4 cm x l/4 cm x skin deep on the middle of the lateral side of the right side of neck with swelling 1 cm x 1 cm on outer side of wound. (9) Gun-shot wound 1/4 cm x 1/4 cm entrance round shot on the right upper lip. 1. 5 cm above the angle (right) of mouth with exist on inner side of lip with lacerated wound on the gums in between the 5th and 6th teeth of the upper right side. (10) Gun-shot wound 1/4 cm x 1/4 cm. skin deep on the left nostril outer side and near the junction of nostril. (11) Gun-shot wound 1/4 cm x 1/4 cm x skin deep with swelling around the wound 3 cm x 2. 5 cm on the front of the forehead on left side. 1. 5 cm above the medical end of the left eyebrow. (12) Gun-shot wound-1/2 cm skin deep on the middle of the left eye brow with swelling and blueish of the whole upper left eye lid giving appearance of closing of left eye and inner side of eye could not be examined due to mass swell ing of eye. Referred to Etah District Hospital for removal of pallet. 6. The duration of injuries was fresh and they were kept under observation. In the X-ray examination of the injured. Megh Singh, three radio opaque shadows were seen in the area of face as is apparent from the X-ray report, Ex. Ka-6. 7. S. I. Satyapal Singh, P. W 8 was posted a Second Officer at Police Station Awagarh. He was present at the police station when the case was registered. He took up the investigation and recorded the statement of the first informant, Megha Singh, at the police station itself. There after, the proceeded to the place of occur rence, held inquest and after preparing necessary papers sent the dead body of Gopal to mortuary for post-mortem ex amination. He took up the investigation and recorded the statement of the first informant, Megha Singh, at the police station itself. There after, the proceeded to the place of occur rence, held inquest and after preparing necessary papers sent the dead body of Gopal to mortuary for post-mortem ex amination. He also recorded the statements of Smt. Angoori, Kedari, Nawab Singh and others and prepared site plan, Ex. Ka-7. He also collected blood stained and plain earth from the scene of occurrence and prepared memo Ex. Ka-11. On completion of inves tigation, he submitted charge-sheet, Ex. Ka-13 against all the three nominated accused persons. Dr. P. K. Jain, PW. 5 conducted autopsy on the dead body of deceased, Gopal on 25-6- 1979 at 12. 15 p. m. and following ante- mortem injuries were found: " (1) Fire-arm wound of entry 2 cm x 2 cm x into through and through on the back of the skull. Margins are inverted and lacerated, black ening present. Direction forward. (2) Fire-arm wound of exist 15. 12 cm on the top and front of the skull. Margin are inverted and lacerated. Bone are grossly frac tured. Brain matter coming out through the wound. Left eye is also grossly damaged. Injury communicating injury No. (1 ). (3) Fire-arm wound of entry l-l/2x 1-1/2 into cavity deep on the upper part of right scapula. Margins are inverted and lacerated. Blackening present. Direction forward and downward. (4) Fire-arm wound of entry 1-1/2 x 1 cm into skin deep on the left palm outer side. Mar gins are inverted and lacerated. Blackening present. " In the opinion of the doctor, the cause of death was coma as a result of ante-mortem injuries No. 1 and 2. The post-mortem report is Ex. Ka-3. 8. The prosecution before the trial Court examined six witnesses. They were P. W. 1 Constable Sheo Saran Rawat who prepared the chick F. I. R. and registered the case in the General Diary of police station Awagarh, P. W. 2 Megh Singh, is first informant and injured, P. W. 3 Kedari, an eye-witness, P. W. 4 Smt. Angoori, an eye-witness, P. W. 5 Dr. P. K. Jain who proved the post-mortem report of the deceased, P. W. 6 Dr. O. P. Varshney who had medical examined injuries of injured Megh Singh, P. W. 7 Dr. P. K. Jain who proved the post-mortem report of the deceased, P. W. 6 Dr. O. P. Varshney who had medical examined injuries of injured Megh Singh, P. W. 7 Dr. Daya Shanker Gupta who proved the X-ray report of injured Megh Singh and P. W 8, S. I. Satyapal Singh, investigation officer. 9. The case of the accused persons was of complete denial. They produced no witness in defence. 10. On apprasial of evidence, the learned Sessions Judge has found the ap pellants guilty of the offences of murder and attempt to murder and accordingly has convicted and sentenced the appellants as stated above. 11. We have heard Sri Apul Mishra, amicus curie for the appellants Kehari and Shyam and Sri R. C. Saxena, learned Addi tional Government Advocate for the State. 12. The factum of death of Gopal on account of tire-arm injuries has neither been challenged nor assailed by the learned Counsel for the appellants. Gopal died a homicidal death due to fire-arm injuries is also established beyond doubt from the evidence produced before the trial Court. Dr. P. K. Jain, P. W. 5 who con ducted post-mortem examination, has specifically stated that he had found three fire-arm wounds of entry and one exit wound on the dead-body of Gopal and death of Gopal had occurred due to coma as a result of ante-mortem injuries No. 1 and 2. He further stated that injuries 1 and 2 were sufficient to cause death in ordinary course of nature. 13. It also could not be disputed that Megh Singh, P. W. 2 had also sustained fire-arm injuries on his person on 24-6-1979. Dr. O. P. Varshney, P. W. 6, who had medically examined Megh Singh on 24-6-1979 at 3. (X) p. m. proved his injury report as Ex. Ka-4. He had found as many as 12 fire arm injuries, description of them, we have already given above Dr. Varshney in his statement before the trial Court stated that the injuries of Megh Singh were caused by fire-arm and they were fresh in duration and could be caused at about 11. 30 a. m. on the same day. The X-ray examination of Megh Singh further fortifies that the in juries of Megh Singh were of fire-arm. 14. In the trial Court, the prosecution produced three witnesses of fact, namely. 30 a. m. on the same day. The X-ray examination of Megh Singh further fortifies that the in juries of Megh Singh were of fire-arm. 14. In the trial Court, the prosecution produced three witnesses of fact, namely. Megh Singh P. W 2, Kedari P. W. 3 and Smt. Angoori P. W. 4. 15. Megh Singh P. W. 2 is brother of deceased Gopal. He has stated of the mo tive and also narrated entire facts leading to the incident in question. It was specifi cally stated by him that accused party were bearing enmity on account of the fact that they wanted construction of well in their vicinity whereas the deceased and he him self succeeded in getting well at State ex penses constructed in their neighbour hood. There had been exchange of hot words and abuses between them. On ac-co un t of this accused persons were bearing ill will towards the deceased and his family members and they had even threatened Gopal and Megh Singh that though they had succeeded in getting the well con structed near their houses but they would not be allowed to take water from the same. It was argued by the learned Counsel for the appellants that the motive sug gested by the prosecution is too meager and inadequate. The tact that well at State expenses was constructed in the neigh bourhood of deceased is not disputed. In the First Information Report also the same motive was clearly stated. The mere fact that this motive is not so strong as may prompt the accused persons to commit the murder of the deceased in a calculated manner will not however weaken the direct evidence led by the prosecution. It is well- settled that inadequacy or insuf ficiency of motive relating to the cause of attack cannot adversely effect the prosecu tion case, because motive is a thing which is primarily know to the accused himself and it may not be possible for the prosecution in every case to explain what exactly promoted or excited the accused to com mit the particular crime. The alleged mo tive may be meager or ostensibly, in some cases there may not be any motive but for that reason along the prosecution case cannot be thrown out as false or regarded or improbable or suspicious. The alleged mo tive may be meager or ostensibly, in some cases there may not be any motive but for that reason along the prosecution case cannot be thrown out as false or regarded or improbable or suspicious. If the evidence produced by the prosecution is sufficiently clear, inadequacy of motive is not of much consequence. It has been repeatedly pointed out by Courts that where the case of the prosecution is proved beyond all reasonable doubt on the basis of material produced, the motive looses its importance. It is also well-known that various persons react differently in similar circumstances. There are some persons who react sharply even on minor or trifle issues whereas there are some persons whose sentiments are not aroused even when they are faced with serious inci dent. The human nature cannot be measured in any balance. Motive of men are often so deep seated as to be almost unfathomable. Therefore in the present case the primary question that arises for consideration is whether the evidence brought on record is clear and reliable. 16. P. W. 2 Megh Singh is brother of the deceased Gopal. As already pointed out above he himself sustained fire-arm injuries which were examined on the same day at 3. 00 p. m. by Dr. O. P. Varshney P. W. 6. Since Megh Singh himself sustained in juries during the course of the same inci dent in which fire-arm injuries were sus tained by deceased Gopal, presence of Megh Singh at the time of incident cannot be doubted. Megh Singh specifically stated that on the day of occurrence he and Gopal deceased were coming back from their field when at about 11. 30p. m. Jia Lal appellant armed with rifle Kehari and Shyam appellants with guns arrived at the scene of occurrence. All the these appel lants fired three or four rounds of shots from their respective arms as a conse quence of which both he and Gopal sus tained fire-arm injuries. Gopal died on the spot. Megh Singh further state that Smt. Angoori P. W. 4, wife of Gopal deceased, was also with them. Kedari P. W. 3 and Nawab Singh witnessed the incident. After causing fire-arm injuries accused persons ran towards north. Immediately thereafter he himself ran to police station and dic tated his report orally, which was reduced to writing in check register. Megh Singh further state that Smt. Angoori P. W. 4, wife of Gopal deceased, was also with them. Kedari P. W. 3 and Nawab Singh witnessed the incident. After causing fire-arm injuries accused persons ran towards north. Immediately thereafter he himself ran to police station and dic tated his report orally, which was reduced to writing in check register. He was then sent to hospital where his injuries w^re medically examined and from there he was referred to District Hospital, Etah. 17. P. W. 3 Kedari stated that at the time of incident he and Nawab Singh were talking to each other on the eastern Chabutra of Benis Chappar. While Smt. Angoori P. W. 4 stated that she was accom panying her husband deceased Gopal and his brother Megh Singh when this firing incident occurred. Both of these witnesses have also given a vivid account of the inci dent. Their names find place in the First Information Report which was lodged at the police station without any loss of time. 18. Learned Counsel for the appel lants submitted that all the three witnesses were interested in as much as P. W. 2 Megh Singh is real brother of the deceased, while Smt. Angoori P. W. 4 is his wife. Kedari P. W. 3 is also first cousin of Megh Singh in as much as Dorilal father of Kedari and Gopi father of Megh Singh were real brothers being sons of Manphool. Apart from this, according to the submission of the learned Counsel for the appellants presence of P. W. 4 Smt. Angoori and P. W. 3 Kedari was only by chance. The submission of the learned Counsel for the appellants that P. W. 3 Kedari and Smt. Angoori were chance witnesses cannot be countenanced as they have given plausible explanation o t their presence at the time of incident. Smt. Angoori has stated that at the time of incident she was accompanying her husband Gopal deceased. There is nothing unnatural in it. Whereas P. W. 3 Kedan stated that he was present at the Chabutra of Beni and was talking to Nawab. This witnessed had no personal animosity against the accused persons. He has specifically named all the appellants as assailants of deceased Gopal and his brother Megh Singh P. W. 2. There is nothing unnatural in it. Whereas P. W. 3 Kedan stated that he was present at the Chabutra of Beni and was talking to Nawab. This witnessed had no personal animosity against the accused persons. He has specifically named all the appellants as assailants of deceased Gopal and his brother Megh Singh P. W. 2. Both these witnesses withstood the test of cross-ex amination and nothing could be brought out to demolish their claim of being present at the time of incident. Merely because all the three witnesses happened to be close relations of the deceased their evidence cannot be discarded on that basis alone. Megh Singh P. W. 2 himself sus tained fire-arm injuries and the incident had occurred in broad day light. All the appellants were well-known to the wit nesses, they being their own khandani. Thus it would not have been difficult for the witnesses to identify appellants as as sailants of the deceased. 19. Learned Counsel for the appel lants made an abortive effort to create a doubt in the truthfulness of the witnesses by making submission that their ocular testimony is in conflict with the medical evidence. It was pointed out that according to F. W. 2 Megh Singh when firing was made, accused persons were placed at a distance of about three steps in north west and at that time Gopal deceased was to his west at a distance of four paces. Similarly Smt. Angoori P. W. 4 stated that firing was made from a distance of about 3-4 paces. On the basis of these statements it was argued that according to the witnesses tiring was made upon the deceased at least from a distance of four paces which comes to more than 6-7 feet whereas as per the opinion expressed by Dr. P. K. Jain P. W. 5 who conducted autopsy, the firing must have been made a distance of about four feet. From the evidence on record it is apparent that Megh Singh and Smt. An goori were illiterate persons. Megh Singh dictated F. I. R. orally at the Police Station and he put thumb mark thereon after the same was read over to him. This shows that Megh Singh was not even able to sign. He was a rustic and illiterate villager so is the case with Smt. Angoori. Megh Singh dictated F. I. R. orally at the Police Station and he put thumb mark thereon after the same was read over to him. This shows that Megh Singh was not even able to sign. He was a rustic and illiterate villager so is the case with Smt. Angoori. It has also come in the evidence that all the three appellants abruptly arrived at the scene of occurrence and started firing from their respective weapons. In such a situation with which witnesses were confronted with and the firing was made suddenly by as many as three persons, it was difficult for the wit nesses to remember with absolute precision and accuracy the distance be tween accused and the deceased at the time of firing particularly when Megh Singh himself sustained a number of fire arm injuries. Presence of Megh Singh at the time of incident cannot be doubted and his evidence substantially tallies with the medical evidence in as much as the injuries found on the deceased were of fire-arm. Some inconsistency relating to the dis tance from which firing was made in the circumstances of the case will be of no consequence. We are, therefore, not prepared to accept the submission of the learned Counsel for the appellants. In the circumstances, to discard the evidence of the eye-witnesses including an injured on this supposedly discrepancy would be travesty of justice. 20. The evidence of Megh Singh P. W. 2 is further corroborated by First Informa tion Report Ex. Ka-1 which was promptly lodged at the police station at 1. 30 p. m. i. e. within two hours of the incident. The dis tance of police station from the place of occurrence was seven miles. Megh Singh had himself sustained fire-arm injuries and he was sent for medical examination from the police station and the same was held on the same day at 3 p. m. 21. On a careful examination of the evidence of the prosecution witnesses in the light of circumstances appearing in the case and the medical evidence, we have no hesitation in holding that it were the ap pellants who caused the death of Gopal by fire-arms and also caused injuries to Megh Singh at the time and place alleged by the prosecution. On a careful examination of the evidence of the prosecution witnesses in the light of circumstances appearing in the case and the medical evidence, we have no hesitation in holding that it were the ap pellants who caused the death of Gopal by fire-arms and also caused injuries to Megh Singh at the time and place alleged by the prosecution. Once we have found the evidence of the prosecution witnesses reli able and trust worthy, it is not possible to countenance the submission of learned Counsel for the appellant that they have been falsely implicated. The evidence on record leaves no room for doubt that the incident occurred in broad day light. Therefore, it does not seem reasonable that Megh Singh P. W. 2 who himself was a victim and other two other witness being close relations of the deceased, would have falsely named the appellants, their khandani as assailants of the deceased by shielding real culprits. 22. It was next submitted by the learned amicus curiae that looking to the nature of injuries of injured Megh Singh and inquiry No. 4 of deceased Gopal it cannot be inferred conclusively that all accused shared common intention to com mit the murder of Gopal deceased. It was pointed out that injuries of Megh Singh were all skin deep while injury No. 4 of deceased Gopal was also a skin deep in jury. Injury No. I of deceased Gopal was an entry wound on the back of skull through arid through. Injury No. 2 was its exit wound on the top and front of the skull. Injury No. 3 was a cavity deep injury on the upper part of right scapula. As per the opinion of Dr. Jain cause of death was injury No. I with its exit wound and it has not been made clear from the evidence as to who out of the three appellants caused injury No. 1 of the deceased, therefore, all the appellants cannot be held guilty for the offence of murder with the aid of Section 34 of the Indian Penal Code. We do not find any force in this submission. 23. We do not find any force in this submission. 23. The essence of liability under Sec tion 34 of the Indian Penal Code is to be found in the existence of a common inten tion aminating the offenders leading to the doing of a criminal act in furtherance of common intention, in other words essence of Section 34 is simultaneous consensus of the mind of persons participating in the criminal action to bring about a particular result. It is true that for invoking Section 34 against an accused prior concert or a pre-arranged plan has to be established, but it is mist cases for the prosecution to establish common intention by direct evidence. It has to be interfered from the attending circumstances of the case and conduct of the parties. This inference can be fathered by the manner in which ac cused persons arrived on the scene of oc currence and mounted the attack, the determination and concert with which in juries were inflicted by one or some of them, the concerted conduct subsequent to the commission of the offence, etc. In other words, the totality of the circumstan ces must be judged in order to determine whether accused persons had a common intention to commit an offence with which they could be connected. In the present case accused persons had a motive in against the deceased and his brother Megh Sigh. On the day of occurrence all the accused persons had come together armed with tire-arms. Appellant Kehari and Shyam were armed with guns while appel lant Jai Lai with rifle. They all challenged the deceased and Megh Singh and all of them opened fire simultaneously with their respective weapons. After commit ting murder of deceased and causing in juries to Megh Singh, all the accused per sons left the place of occurrence together and ran away in the same direction with their respective fire-arms. These cir cumstances and their conduct do not leave-any room for doubt that the appellants shared common intention and committed murder of Gopal in furtherance of their common intention. They are thus found guilty under Section 302, I. P. C. read with Section 34,1. P. C. for committing the mur der of Gopal and under Section 307/34 I. P. C. for causing fire-arm injuries to Megh Singh with an intention to kill him. They are thus found guilty under Section 302, I. P. C. read with Section 34,1. P. C. for committing the mur der of Gopal and under Section 307/34 I. P. C. for causing fire-arm injuries to Megh Singh with an intention to kill him. There fore, the conviction and sentence of the appellants recorded by the trial Court under both these counts are maintained. 24. For the reasons assigned above, we find no force in this appeal and accord ingly, it is dismissed. The order of convic tion and sentence of the trial Court is upheld. Appellant Shyam to be in jail as h is bail application was rejected by this Court by the order dated 17-2-2000. He shall be kept there to serve out the sentences awarded by the trial Court and if, in the meantime, he has been released on bail, he shall be arrested and sent to jail to serve out his respective sentences. Appellant Kehari is on bail. He shall be arrested forthwith and sent to jail to serve out the sentence as awarded by the trial Court and upheld by this Court. 25. A copy of the order be sent to the Chief Judicial Magistrate, Etah for com pliance. 26. Sri Apul Mishra, who appeared as amicus curiae for the appellants, shall be paid Rs. 2,100/-as fee. Appeal dismissed. .