J. C. GUPTA, J. These arc three con nected appeals arising out of the judgment and order dated 19-2-1980 whereby appel lants Mewa Lai and Shyam Lai in Criminal Appeals No. 491 of 1980 have been con victed and sentenced to imprisonment for life under Section 302 I. P. C. and to under go two years R. I. under Section 148 I. P. C. while appellant Prakash and Raj Bahadur in Criminal Appeal No. 341 of 1980 have been convicted and sentenced to life imprisonment under Section 302 read with ection 149 I. P. C. They have further been convicted and sentenced to two years R. I. under Section 147 I. P. C. Since all these appeals relate to and the same incident and arise out of the same judgment, we are disposing of these appeal by this common judgment. 2. The prosecution story as revealed from the F. I. R. , in short, is the deceased Gyan Singh was employed with railway and was working in a gang and he used to reside in one of the huts near Baramasi quarters situated near the Harris Ganj Bridge. Alongwith the deceased Mehndi Hassan, P. W. 3, Daya Shankar, Amar Nath, P. W. 5, Farrukh and Yaman and all the accused also used to work in the same gang. It is said that on 4-2-79 at about 8 in the morning same quarrel took place be tween the deceased and Mewa Lal- appel lant in the workshop at the time of taking altendance on account of same money transaction. Thereupon Mewa Lal brother accused Shyam Lai threatened Gyan Singh with dire consequences. It is alleged that on 6-2-79 at about 7 p. m. all the four appellants Mewa Lai, Shyam Lai, Bahadur alias Raj Bahadur and Prakash alongwith four unknown persons am bushed Gyan Singh and started assaulting him. Accused Mewa Lai assaulting him with knife while their companions used saria and danda. Gyan Singh fell down on the ground. On the alarm raised by Man Singh, P. W. 2brother of Gyan Singh, P. W. 5 Amar Nath, Pooran, Farrukh and Yaman were attracted to the scene of occurrence and they witnessed the incident in electric light. Since Gyan Singh has sustained serious injuries, he was removed to Rail way Hospital by P. W. 2 Man Singh with the help of persons present there. Dr.
Since Gyan Singh has sustained serious injuries, he was removed to Rail way Hospital by P. W. 2 Man Singh with the help of persons present there. Dr. K. N. Bnattacharya P. W. 4 medically examined him at 7. 45 p. m. and found the following injuries on his person. 1. Stab wound 3. 5 cm. x 1 cm. x abdominal cavity deep over ihc upper side or abdomen 4 cm. below of zyphoid process of sternum. 2. Stab wound 4 cm. x 1/4" x abdominal cavity deep over the right side of abdomen 21 cm. below right nipple. 3. Three incised wounds in the area of 21/2 cm. x 11/2 cm. over the medical side of middle finger of right hand (palm aspect) each wound was 1. 2 cm. x 110 cm. xskin deep. 4. Incised wound 2. 5 cm. x 1/4 cm. x 1. 4 cm. deep on the lateral side of right eye-brow. 3. The injuries were fresh in duration. Injury report of Gyan Singh is Ex. Ka 5 Gyan Singh was then immediately removed to U. H. M. Hospital in Railway Ambulance where he was declared dead. 4. Man Singh lodged written report FA. Ka 4 at police station cantt. On the same evening at 9. 15 p. m. Head Constable Krishna Kant P. W. 1 prepared check report Ex. Ka 1 and registered the case in the General Diary at Serial No. 51, copy of which has been proved as Ex. Ka 2, S. S. I. Ram Swarup Singh as present at the police station when the case registered. He recorded the statement of Man Singh at the police station arid then proceeded to the place of occurrence and prepared site plan Ex. Ka 18. He also collected blood stained and plain earth from the scene of occurrence and prepared memo Ex. Ka-19. After receipt of "jildpanchayatnama", he conducted inquest and after preparing necessary papers, dead body of Cyan Singh deceased was sent for post-mortem ex amination. On the same day he recorded the statements of witnesses Mehndi Has san, and Amar Nath and arrested accused Bahadur. After collecting necessary evidence all the appellants were charge sheeted through charge sheet Ex. Ka. 20. 5. Dr. S. N. Pandey, P. W. 6 conducted post-mortem examination on the dead body of Gyan Singh on 7-2- 79 at 3 p. m. The following ante-mortem injuries were found: 1.
After collecting necessary evidence all the appellants were charge sheeted through charge sheet Ex. Ka. 20. 5. Dr. S. N. Pandey, P. W. 6 conducted post-mortem examination on the dead body of Gyan Singh on 7-2- 79 at 3 p. m. The following ante-mortem injuries were found: 1. Stab wound 3. 1/2 cm. x 1 cm. x ab dominal cavity deep over the left side of ab domen 4 cm. below zyphoid process of sternum. 2. Stab wound 4 cm. x 1/4" x abdominal cavity deep over the right side of abdomen 21 cm. below right nipple. 3. Three incised wounds in an area of 21/2 cm. 11/2 cm. over the medical side of middle finger of right hand (palms aspect) each wound l/2"cm. x 110 cm. x skin deep. 4. Incised wound 31/2 cm. l/4cm. x skin of right eye brow margins smooth and skin deep over lateral side, clean cut tailing downwards. 6. In the internal examination peritoneum was found stabbed under neath injury Nos. 1 and 2. Stomach was also found stabbed under injury No. 1 the abdominal cavity continued about one litre of blood. A cut wound of the size of 4 cm. x 1. 5 in the liver tissue was also found. In the opinion of the doctor death due to shock and harmorrhage as a result of stab injuries. The post- mortem report has been proved as Ex. Ka. 17. In his statement before the Court Dr. Pandey opined that the ante-mortem injuries were possibly caused by knife and the injuries were suffi cient in ordinary course of nature to cause the death of deceased. 7. In order to prove its case against the appellants, prosecution produced 8 witnesses before the trial Court. Out of the witnesses produced P. W. 2 Man Singh, P. W. 3 Mehndi Hassan, P. W. 5 Amar Nath are witnesses of fact, P. W. 7 Hubba Lai Chatur-vedi was examined to state about the inci dent which has occurred at the workshop two days before the incident between the deceased and Mewa Lai. This witness how ever, turned hostile and did not support the prosecution case. 8. Accused persons in their state ments recorded under Section 313 Cr. PC. denied the prosecution allegations. Ap pellants, Mewa Lai stated that he has been falsely implicated on account of enmity.
This witness how ever, turned hostile and did not support the prosecution case. 8. Accused persons in their state ments recorded under Section 313 Cr. PC. denied the prosecution allegations. Ap pellants, Mewa Lai stated that he has been falsely implicated on account of enmity. According to him a wresting competition was held in the workshop on 26-3-79 in which Mehndi Hassan had thrown a chal lenged for a wrestling about which chal lenged was accepted by him. This enraged Mehndi Hassan and he said how he could challenge him and since then he started bearing illwill. Mewa Lai accused also stated likewise. The other two appellants also denied their presence at the time of occurrence and stated of their false im plication. Accused persons, however, did not examine any witness in defence. 9. We have heard Shri P. N. Mishra, learned Counsel appearing for appellant Shyam Lai in criminal appeal No. 477 of 80, Shri A. K. Awasthi, learned Counsel appearing for the appellant Mewa Lai in criminal appeal Nq. 491 of 80 and Shri YC. Tewari, learned Counsel appearing for ap pellants Bahadur alias Raj Bahadur and Prakash in criminal appeal No. 341 of 80. 10. P. W. 2 Man Singh is the real brother of the deceased. He stated of the incident which had occurred between the deceased and appellant Mewa Lai at the workshop two days prior to the murder of Gyan Singh. According to him the said incident occurred in his presence wherein Gyan Singh had given 3-4 hockey blows on Mewa Lai, whereupon appellants Shyam Lai and Mewa Lai threatened that they would see him Inter on. He also stated that on 6-2-1979 be alongwith his brother were coming back to their home from Hulla Ganj and as soon as they reached near the bridge 8 persons including the four appel lants and four unknown persons came there. Shyam Lai and Mewa Lai were havingknife in their hands and rest of them were possessing danda and saria. Seeing them Gyan Singh started running but he was chased by the assailants and was as saulted in front of Baramasi quarters under electric pole. Accused Shyam Lai and Mewa Lai inflicted knife blows whereupon Gyan Singh fell down and ac cused persons thereafterwithdrawand ran towards railway crossing with their weapons.
Seeing them Gyan Singh started running but he was chased by the assailants and was as saulted in front of Baramasi quarters under electric pole. Accused Shyam Lai and Mewa Lai inflicted knife blows whereupon Gyan Singh fell down and ac cused persons thereafterwithdrawand ran towards railway crossing with their weapons. The incident was witnessed by Mehndi Hassan, P. W. 3, Yamcen Farrukh and Amar Nath, P. W. 5. The accused were identified in the light emanating from the electric pole. He took his brother to rail way hospital where he was medically ex amined by the doctor and then he was sent tou. H. M. Hospital but he could not avail any medical aid as he died in the way. He proved the F. I. R. as Ext. Ka-4 which he got scribed by Vinod Kumar. In the cross- ex amination, he stated that at the time of the incident Bahadur accused was having a danda but he did not use the same. He further admitted that he did not see ac cused Prakash inflicting any injuries on the deceased. He categorically stated that he did not see any of these two appellants assaulting the deceased with danda or saria. When his attention was invited to the averments made in the F. I. R. he stated that since he had seen these accused per sons having danda, lathi and saria he got it mentioned in the F. I. R. that they also as saulted the deceased. 11. The next witness of fact is P. W. 3 Mehndi Hassan. He has also testified about the previous incident which has oc curred between the deceased and Mewa Lal and Shyam Lai at the workshop. Regarding the incident on the date of oc currence he stated that he was coming from platform No. 8 to his house alongwith his friend Amar Nath and when they were under the Baramasi Bridge they witnessed the incident. This witness also stated that only Shyam Lal and Mewa Lal had assaulted the deceased with knife and accused persons were identified in the light of electric pole. 12. Amar Nath P. W. 5 is another wit ness of fact. He also stated of the earlier incident of 4-2-79 which occurred between the deceased and accused Shyam Lal and Mewa Lal at the workshop.
12. Amar Nath P. W. 5 is another wit ness of fact. He also stated of the earlier incident of 4-2-79 which occurred between the deceased and accused Shyam Lal and Mewa Lal at the workshop. This witness has also deposed about the incident in question which he witnessed while going alongwith Mehandi Hassan, P. W. 3. According to him also deceased was given knife blows only by appellants Mewa Lai and Shyam Lai and no danda or saria blows were inflicted by an any other assailant. 13. We have closely examine the evidence of these three witnesses. There was absolute, no reason for any of these witnesses to have deposed falsely against appellants Mewa Lal and Shyam Lal. it is true that Man Singh, P. W. 2 is the real brother of the deceased but his presence at the time of incident is not only testified by independent witnesses P. W. 3 Mehndi Hassan and P. W. 5 Amar Nath but the same is also strengthened by the cir cumstances appearing in the case and the medical evidence brought on record. Merely because he happens to be the brother of the deceased his testimony, on that ground alone, cannot be brushed aside as that of being an interested witness There was no direct enmity of this witness with the appellants Mewa Lal and Shyam Lal. The term "interested" postu lates that the person concerned must have some direct interest in seeing that the ac cused is some how or the other convicted either because he had animus with the accused or for some other reason. There fore, the mere fact that P. W. 2 Man Singh is brother of the victim will not be sufficient to discard his testimony when his presence-is also deposed to by two other inde pendent witnesses namely, P. W. 3 Mehndi Hassan and P. W. 5 Amar Nath. The same also finds corroboration from the medical evidence inasmuch as Dr. S. N. Panclcy who performed autopsy has staled in clear words that the antc-mortem injuries were possibly caused by knife. 14. Learned Counsel for the appel lants tried to make a capital out of the recital made in the injury report Ex. Ka.
The same also finds corroboration from the medical evidence inasmuch as Dr. S. N. Panclcy who performed autopsy has staled in clear words that the antc-mortem injuries were possibly caused by knife. 14. Learned Counsel for the appel lants tried to make a capital out of the recital made in the injury report Ex. Ka. 5 wherein it was staled thai Gyan Singh was brought at the railway institute by Shri Prem Narain son of Bhagwan Deen, peon and it was argued on behalf of the appel lants that had Man Singh been present at the time of occurrence and had taken the victim to railway hospital his name would have been mentioned in the injury report, instead of Prem Narain. Dr. Bhattacharya, P. W. 4 in cross- examination staled that Prem Narain had brought the victim in rickshaw but he could not remember if victim was accompanied by other persons also. He further stated that he knew Prem Narain from before and, therefore, he did not ask him whether any relation of victim had also come as he immediately started attending the victim because of his serious condition. It has also come in the state ment of P. W. 2 Man Singh that from the place of occurrence victim was taken to the Hospital by him, Amar Nath, Prem Narain and several others. Prem Narain sat in the same rickshaw in which the victim was carried and he (Man Singh) went to hospi tal in another rickshaw and they all reached Railway Hospital almost simul taneously. He further stated that when Prem Narain reached the place of occur rence, the incident was already over. Dr. Bhattacharya further slated that when he took the victim Gyan Singh to U. H. M. Hospital in railway ambulance, Prem Narain has not accompanied him and as per the statement of Man Singh he went alongwith his brother Gyan Singh from railway station to U. H. M. Hospital in the ambulance. In these circumstances it can not be said that Man Singh had not accom panied the victim to railway hospital from the place of occurrence nor we find any cogent reason to doubt his presence at the scene of occurrence merely on the ground that his name does not find mention in the injury report Ex. Ka. 5 prepared by Dr. Bhattacharya, P. W. 4. 15.
Ka. 5 prepared by Dr. Bhattacharya, P. W. 4. 15. The evidence of the three eye witnesses is wholly consistent and though they were put to a lengthy cross-examina tion but nothing material could come in their statements which may discredit them or make their evidence unworthy of reliance. 16. As regard the motive again we have on record the evidence of the aforesaid three witnesses. Merely because Hubba Lal Chaturvedi P. W. 7 had not sup ported the prosecution case and turned hostile the evidence of these witnesses ca nnot be thrown over board as unreliable. 17. The F. I. R. of the present case was lodged at 9. 15 p. m. It is in evidence that from the place of occurrence victim Gyan Singh was first removed to railway hospital where his injuries were examined by Dr. Bhatiacharya at 7. 45 p. m. From railway hospital the deceased was removed to U. H. M. Hospital where he was declared dead. On coming to know of the death of his brother Gyan Singh, the First Inform ant Man Singh must have taken some time to recover from the grief and shock suf fered on account of the murder of his elder brother Gyan Singh who was in his prime youth, being 27 years of age. Man Singh was himself a young boy of 19 years of age. It must have also taken 30 to 40 minutes in the deceased arriving at the U. H. M. Hospital and examined and pronounced dead. In such a situation he (Man Singh) could not be expected to act like a com puter and if the report was lodged at 9. 15 p. m. it cannot be said that there was any delay in making the F. I. R. 18. On an examination of the evidence on record and consideration of circumstances appearing in the case, we have no doubt in our mind that Gyan Singh was assaulted with knives at the time and place and in the manner alleged by the prosecution. It has came specifically in the evidence of the witnesses that only Mewa Lai and Shyam Lai and assaulted the deceased with knife. The post- mortem report also indicated that the deceased had sustained stab and incised injuries which could be caused by knives. No other kind of injury was found on his body.
It has came specifically in the evidence of the witnesses that only Mewa Lai and Shyam Lai and assaulted the deceased with knife. The post- mortem report also indicated that the deceased had sustained stab and incised injuries which could be caused by knives. No other kind of injury was found on his body. It is also established from the evidence on record that both these appellants had a motive against deceased Gyan Singh. Therefore, we find that so far as Shyam Lal and Mewa Lal are concerned the prosecution case against them has been established beyond all reasonable doubts. 19. Now we came to the case of other appellants namely, Bahadur alias Raj Bahadur and Prakash. Against them there is only a general allegation that they alongwith four, unknown persons also participated in the incident and as per the F. I. R. they also inflicted blows on the deceased with danda andsaria. Moreover, all the three witnesses of fact have categorically stated that none of these ap pellants who were armed with saria and danda assaulted the deceased. The post mortem report also indicated that no in jury of any blunt object was found on the deceased. The motive alleged by the prosecution was only against Mewa Lal and Shyam Lal and no motive of any kind whatsoever has been alleged against appellants Bahadur alias Raj Bahadur and Prakash. There is also nothing on record to indicate that these two appellants had any interest in common with accused Mewa Lal and Shyam Lal. No other overt act is also assigned to either of these two appel lants. If these appellants were present and were armed with lathi and saria, it does not stand to reason that they would have simp ly stood as silent spectators throughout the incident. We, therefore, find that it would not be wholly safe to hold these appellants guilty either under Section 147 I. P. C. or for the murder of Gyan Singh with the aid of Section 149 I. P. C. as it is not established beyond reasonable doubt that they were members of unlawful assembly. According we extend the benefit of doubt to the appellants, Bahadur alias Raj Bahadur and Prakash. 20.
According we extend the benefit of doubt to the appellants, Bahadur alias Raj Bahadur and Prakash. 20. Learned Counsel for the appel lants Mewa Lal and Shyam Lal also sub mitted before us that once the case against Bahadur and Prakash is found to be doubt ful the same benefit should be extended to appellants Mewa Lal and Shyam Lal espe cially when in in the F. I. R. there was a specific allegation that Bahadur and Prakash had also taken part in the assault made on the deceased. We reject this sub mission of the learned Counsel for the appellants out right. It is well established that where the prosecution case against acquitted persons is not identical with the convicted accused persons and is distin guishable from them, no benefit can be claimed on the ground or acquttal of co-accused persons. It is also well settled that the mere fact that evidence of prosecution witnesses is not firm and safe enough to be relied upon with regard to the part as signed to the acquitted accused in the oc currence is no ground to reject it mechani cally against other accused also because it is in our experience that the witnesses seldom tell the whole truth and often resort to exaggerations, embellishments and padding up to support a story, how soever, true in the main. It is, therefore, the function of the Court to disengage the truth from falsehood and to accept what on churning carves out to be true, and reject the restas unwhole some. 21. Placing reliance on the decisions or Apex Court in the cases of Kameshwar Singh v. State of Bihar, 1992 Alkl. Cr. R. 515 and Amar Singh v. State of Punjab, 1987 C. A. R. 109, it was argued by the learned Counsel for the appellants that once the prosecution came with the specificsiory in the F. I. R. that the deceased was also as saulted by co-accused with danda and sariya, absence of injuries of such weapons in the post-mortem examined should be taken to be a serious conflict between medical evidence and the manner of assault as alleged by the prosecution and accordingly the presence of witnesses who claimed to have witnessed the assault on the deceased becomes a doubtful. It is well established that F. I. R. is not a substantive piece of evidence.
It is well established that F. I. R. is not a substantive piece of evidence. Substantive evidence is one which is given on oath before the Court in the presence of accused or his Counsel. We have already indicated above the relevant evidence of the three eye-wit nesses given in regard to the non-user of lathi, danda or sariya and they have clearly specified the role of assault on the deceased by knives at the hands of appel lants Mewa Lal and Shyam Lal only. First Informant has also given a satisfactory ex planation as to in what circumstances he got in scribed in the F. I. R. that other ac cused also attacked the deceased with dandaand sariya;. We have already doubted participated of co-accused Bahadur and Prakash and have further held that their acquittal docs not have any effect on the prosecution case so far as Mewa Lal and Shyam Lal are concerned. In our opinion, the so-called conflict be tween the ocular testimony and the medi cal evidence is not such in nature that the benefit sought may be extended to these appellants. Learned Counsel invited our attention to certain observations made in the aforesaid decisions. We may, however, add that these observations were made in regard to the appreciation of evidence in the facts and circumstances of these par ticular cases, and they cannot be applied universally in each and every case, though having different set of facts and cir cumstances. 22. What value should be attached or what weight should be given to the state ments of witnesses examined in a case is a question which has primarily lobedccided by examining their evidence and their per formance during cross-examination and what impression is ultimately created in the mind of the Court by the analysis of their evidence in the context of other facts and attending circumstances appearing in that particular case, Criminal case cannot be put in a strait jacket or water tighl compartment. Fate of every criminal case depends upon its own facts and the intrin sic worth of the evidence and other material brought on record of that case rather than on what has been said about the witnesses while appreciating the value of their evidence in the other decided cases in the context of facts of those cases.
Fate of every criminal case depends upon its own facts and the intrin sic worth of the evidence and other material brought on record of that case rather than on what has been said about the witnesses while appreciating the value of their evidence in the other decided cases in the context of facts of those cases. There may appear some similarity in between the facts of the case under scrutiny and the decided cases but there would always be shades of difference and quite often that difference however, small, may prove to be crucial and decisive. The same can also be said about the evidence adduced in one case and that brought on record in the other case. For weighing evidence of the witnesses there can be no specific canon and no generalisation of principles of ap preciation is possible in such matters. Each case has its own features and similar ly each witness has his own peculiarities, therefore, reference to decided. cases hardly seems apposite while considering the question whether the evidence of a particular witness in a given case should or should not be accepted. The case referred to by the learned Counsel for the appel lants have no application to the facts of the present case and are of no help in deter mining the worth of the evidence of the three prosecution witnesses examined in the present case. The above argument thus in wholly devoid of any merit. 23. It was next argued by the learned Counsel for the appellants Mewa Lai and Shyam Lai that once participation of ac cused Bahadur and Prakash and four un known persons has been found doubtful the appellants cannot be convicted even with the aid of Section 34 l. P. C. for the offence of murder. This argument of the learned Counsel is also devoid of any force. In the post-mortem examination a number of knife injuries were found on the deceased. Peritoneum was found slabbed under injury Nos. 1 and 2. A cut wound was also found of the dimension of 4 cm. x 1. 5 cm. liver tissue deep and stomach was found stabbed under injury No. 1 Dr. Pandey has categorically stated that the cause of death of the deceased was shock and haemorrhage as a result of ante-mortem injuries and these injuries were sufficient to cause death in the ordinary course of nature.
x 1. 5 cm. liver tissue deep and stomach was found stabbed under injury No. 1 Dr. Pandey has categorically stated that the cause of death of the deceased was shock and haemorrhage as a result of ante-mortem injuries and these injuries were sufficient to cause death in the ordinary course of nature. Accordingly the case would be covered fully by clause Thirdly of Section 300 I. P. C. as has been held by they Honblc Supreme Court in the case of Virsa Singh v. State of Punjab, A. I. R. 1958s. C. 465. Inlhe present case, an incident had occurred two days prior to the incident in question wherein the deceased had assaulted Mewa Lai with hockey and Mewa Lai and Shyam Lai accused then had given a threat to sec Gyan Singh in future. It is in the evidence that at the time of incident both the appel lants came together and both of them were armed with knife. Both of them challenged the victim Gyan Singh and when he started running. Both the appellants caused him and both of them inflicted on his person a number of knife blows causing several in juries including injuries Nos. 1 and 2 which resulted in serious incision of inter nal organs. It was not an incident occur ring suddenly at a spur of moment in a heat of possession during some altercation, scuffle or grappling between the deceased and the accused persons, on the contrary the evidence on record clearly indicates that the deceased was attacked by both the appellants Mewa Lal and Shyam Lal under a pre-arranged plan and prior-concerned. When the victim fell on the grounds as a result of assault made by these appellants, both of them ran away together in the same direction with their weapons. No doubt is, thus, left in our mind that the murder of Gyan Singh was committed by appellants Mewa Lal and Shyam Lal in furtherance of their common intention and they both are held guilty for the offence punishable under Section 302 read with Section 34 I. P. C. According they are convicted under Section 302 read with Section 34 I. P. C. instead of Section 302 read with Section 149 I. P. C. and the sentence of life im prisonment is maintained. Their convic tion and sentence under Section 148 I. P. C. are set aside. 24.
Their convic tion and sentence under Section 148 I. P. C. are set aside. 24. For the reasons stated above criminal appeal No. 341 of 80 filed by Bahadur alias Raj Bahadur and Prakash is allowed. Their convictions and sentences under Section 302/149 and 147 I. P. C. are not set aside. They are acquitted of the offences charged for. They are on bail, they need not surrender, their bail bonds are cancelled and sureties discharged. 25. Criminal appeal No. 477 of 1980 of Shyam Lai and Criminal appeal No. 491 of 80 appellants Mewa Lal are, however, dismissed with this mocification that their conviction under Section 302 is altered to Section 302 read with Section 341. P. C. The sentence of imprisonment for life imposed on each of these appellants is, however, maintained under Section 302/34 I. P. C. Their conviction and sentence under Sec tion 148 I. P. C. are set aside and they are acquitted of this offence. Appellants Mewa Lal and Shyam Lal are on bail, they shall be taken into custody and sent to jail to serve out the sentence as awarded by this Court. A copy of this order shall be sent to C. J. M. concerned for immediate compliance and the C. J. M. shall send the compliance report to this Court within two months from the date of receipt of copy of the order. 26. Accordingly all the appeals are disposed of. 27. Sri A. K. Awasthi who appeared and argued the appeal as amicus curiae on behalf of the appellant Mewa Lai in Criminal Appeal No. 491 of 1980 shall get Rupees 21000/- (two thousand one hundred) as his fee. Appeal disposed of. .