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Karnataka High Court · body

2000 DIGILAW 656 (KAR)

JYOTIBA LAXMAN PATEL v. STATE OF KARNATAKA

2000-09-18

B.PADMARAJ, S.R.BANNURMATH

body2000
PADMARAJ, J. ( 1 ) HEARD the arguments of the Learned Amicus Curiae Sri S. P. Mudhol for the appellant and the Learned Government Pleader for the Respondent-State and carefully perused the case records in detail with their assistance. The appellant Jyotiba aged about 42 years, has been convicted for the offence under Section 302 IPC by the Trial Court and sentenced to undergo life imprisonment, for causing the death of his mother Smt. Laxmibai, aged about 65 years, on 3. 1. 94 at. about 4. 00 p. m. in the evening, in the land called "doneejmala" of Kallehal. village in Belgaum Taluk, by committing assault on her with a sharp instrument called "koyta" (MO-1 ). The first information in respect of this incident was lodged by one Kallappa PW-1, an younger brother of the appellant, at about 8,10 p. m. on 3. 1. 94 with the PSI PW-12 at Kakati Police Station, situated at a distance of about 17 to 18 kms. From Kallehal Village, as per Ex. P-1. The FIR was dispatched from the police station at about 9,00 p. m. on 3. 1. 94 through PW-7 and it had reached the magistrate at Belgaum at about 10. 05 p. m. in the night. The postmortem examination was conducted on the dead body of the deceased by the doctor PW-5 on 4. 1. 94 between 2. 35 and ' 3. 35 pm. as per the postmortem report Ex. P-6, He found the following ante-mortem injuries on the dead body of the deceased:- 1. A chop wound starting from the left frontal eminence, extending backwards, circumferantially and ending over the left occipital region, 19 x 1 x 2 cm in size, bone deep with firm dark brownish red clot over the base and edges of the wound, was present. The skull bones forming the base of the wound showed linear fracture all along the length of the wound. ( 2 ) A chop wound 1 cm below and parallel to Injury No-1, starting from left temple region, extending backwards upto left occipital region, 8 x 1 x 1 cm in size, bone deep and with firm dark brownish-red blood clots over the base was present. ( 2 ) A chop wound 1 cm below and parallel to Injury No-1, starting from left temple region, extending backwards upto left occipital region, 8 x 1 x 1 cm in size, bone deep and with firm dark brownish-red blood clots over the base was present. ( 3 ) A chop wound 1 cm below and parallel to Injury No. 2, staring 1 cm above the lateral 1/3 of left eyebrow extending backwards, upto lower left occipital region, 17x1 x1 cm in size, bone deep and with firm dark brownish red blood clots over the base and edges was present. The pinna was cut at the junction of upper 1/3 with lower 1/3rd and the upper part was avulsed upwards. A linear fracture of the skull bones along the line of the wound measuring 15 cms in length was present. ( 4 ) A chop wound starting 1. 5 cm below the lower lip in the middle extending over the left partid area, elliptical in shape, 9 x 2 cms in size, bone deep, with firm dark red blood clots over the base was present. ( 5 ) A oval shaped chop wound on the chin 4 x1. 5 cm in size bone deep with dark, firm brownish red blood clots over the wound was present, ( 6 ) AN incised wound over the left upper and lower eye lids, obliquely placed, 2 x 0. 5 cms in size, with firm dark brownish red blood clots over the wound was present. ( 7 ) A chop wound over the left half of the neck, roughly oval shaped, 11x5 cms in size, base being formed by the bodies of the cervical vertebrae No. 3, 4 and 5, starting from midline and extending backwards and to the left was present. The left tissue of the neck vis. trachea, esophagus, external jugular vein, carotid artery coleide mastoid muscle have been completely cut at the level of the 34d and 4th cervical vertebrae. An incised wound 2 cm x 0. 5 cms, in size was present over the 4th ihtervertebrai dime firm, dark-red blood clots were present all over the wound. ( 8 ) AN elliptical chop wound over the right infracavicular area, placed horizontally, 11 x 2 x 1. 5 cms in size, bone deep, with firm, dark brownish red blood clots over the wound was present. 5 cms, in size was present over the 4th ihtervertebrai dime firm, dark-red blood clots were present all over the wound. ( 8 ) AN elliptical chop wound over the right infracavicular area, placed horizontally, 11 x 2 x 1. 5 cms in size, bone deep, with firm, dark brownish red blood clots over the wound was present. ( 9 ) AN oval shaped chop wound over the upper 1/3rd of anteriora spect of the right arm, placed vertically, 2x1x1 cm in size, with firm, dark brownish red blood clots over the base was present. ( 10 ) AN elliptical, obliquely placed chop wound 1 cm below the wound No-9, 2 x 1 cm in size, with firm, dark brownish red blood clots over the base was present. ( 11 ) AN oval shaped chop wound over the medial aspect of upper 1/3rd of right arm, 3 x 15 x 1 cm in size, with firm, dark brownish red blood clots over the wound was present. ( 12 ) AN oval shaped chop wound ove, the middle 1/3rd of anteriora spect of right arm, obliquely placed, 4 x 2 xl. 5 cms. in size, with firm, dark brownish red blood clots over the wound was present. ( 13 ) AN irregularly elliptical shaped chop wound over the middle and lower 1/3rd of right arm, extending unto anterior aspect of elbow, placed vertically, 15 x 4 x 1 cms. In size, with firm dark brownish- red" blood clots over the base was pres. ent. ( 14 ) A chop wound over the anterio-medial aspect of upper 1/3rd of right fore arm, placed obliquely, elliptical in shape, 9 x 3 x 1 cms. in size, with firm dark brownish red blood clots over the wound was present. ( 15 ) THE right thumb is partially amputated at the distal inter-phalangeal joint by a chop wound and the distal part of the thumb was attached to the proximal part by the skin over the palmar surface, firm, dark brownish-red blood clots were present. ( 16 ) A chop wound was present in the right 2nd inter digital left separating the 2nd and 3rd metacarpal bones, 4 x 1 cm in size, with firm, dark brownish-red blood clots over the wound. ( 17 ) A incised wound over the dorsum of the 2nd meta-arpophalangeal joint, placed transversely, 2 x 1 x 0. ( 16 ) A chop wound was present in the right 2nd inter digital left separating the 2nd and 3rd metacarpal bones, 4 x 1 cm in size, with firm, dark brownish-red blood clots over the wound. ( 17 ) A incised wound over the dorsum of the 2nd meta-arpophalangeal joint, placed transversely, 2 x 1 x 0. 5 cm in size, with firm, dark brownish-red blood clots over the base. ( 18 ) A chop wound over the back of the left elbow, placed obliquely, oval shaped, 6 x 3 x1 cm in size, with firm dark, brownish red blood clots over the wound was present. ( 19 ) A chop wound over the lateral aspect of left below extending backwards and downwards unto the upper 1/3rd of posterior aspect of left forearm, 12x 4 x 2 cms in size, irregularly elliptical hi shape, and with firm, dark brownish-red blood clots over the wound was present. ( 20 ) THE left forearm was partially amputated at its kid-point by achop wound, the distal half of the limp was attached to the proximal part by skin and soft tissues over the intermediately aspect. Firm, dark brownish-red blood clots over the wound was present. ( 21 ) A chop wound over the middle of the lateral aspect of left hand, 2 cms x 1 x 1 cm in size, with dark firm brownish red blood clots over the base was present, of the on dissection of the dead body of the deceased, he found the following internal injuries and features:-1. Skull - 1-A. Linear fracture of the skull bones, left frontal squamous part of temporal, parital and occipital bones, along the line of injury No-1 of II as described earlier. The fracture is through and through. 1b. Linear fracture of skull bones left frontal temporal parietal and occipital bones along the line of Injury No-3 of II described earlier. The fracture was through and through. 2. Membranes- Membranes were congested. (a) Incised wound over the membranes overlying middle of left parietal lobe, 5 cms in length, corresponds to (A) of above. (b) Incised wound over the membranes overlying left occipital lobe, 5 cms. in length, corresponds to (B) of above. Subarachnoid haemorrhage was present. 3. Brain:- Brain was congested. (a) Incised wound over the middle of left parietal lobe, 5 cms in length, corresponds to (a) of (2) above. (b) Incised wound over the membranes overlying left occipital lobe, 5 cms. in length, corresponds to (B) of above. Subarachnoid haemorrhage was present. 3. Brain:- Brain was congested. (a) Incised wound over the middle of left parietal lobe, 5 cms in length, corresponds to (a) of (2) above. (b) Incised wound over the middle of left occipital lobe 5 x 0. 5 cms in size, corresponds to (b) of (2) above. THORAX : - 1. Walls, ribs, cartilage, sternum:- Intact and pale. 2. Pleura and Cavity:- Intact and pale. 3. Larynx and trachea:- Intact and pale. 4. Lungs:- Intact and pale 5 Pericardium:- Intact. 6. Heart:- Intact and empty. 7. Large vessels:- Intact, left carotib artery as described earlier. ABDOMEN:- 1. Wall and Peritoneum:- Intact and healthy. 2. Mouth, pharynx and Oesophagus:- Intact, Oesophagus, as directed earlier. 3. Stomach and its contents:- Intact and empty, 4. Small and Large Intestine and contents: Intact and empty. 5. Liver:- Intact and pale. 6. Spleen:- Intact and pale. GENITO-URINARY ORGANS :- 1. Kidneys:- Intact and pale. 2. Bladder:- Intact and empty. 3. Organs of generation, external and internal:- Intact and healthy. IN the opinion of the doctor PW-5, the cause of death of the deceased lady was due to haemorrhagic shock due to the severance of carotid artery in the neck. The time since death has been opined by doctor PW-5 to be 12 to 24 hours before the post-mortem examination. On 15. 12. 94, the doctor PW-5 examined the weapon MO-1 and has opined that the injuries mentioned in the postmortem report Ex p-6 might have been caused by MO-1 as per Ex. P-7. He found on the weapon MO-1, dark brownish red blood stains on both the surfaces. On the basis of the postmortem report Ex,p-6 issued by the. doctor PW-5 in respect of the deceased and the evidence of the doctor PW-5 who conducted the post-mortem examination on the dead body of the deceased Laxmibai and also examined the weapon mo-1 and furnished his opinion as per Ex. P-7, the conclusion is irresistible that the deceaced Smt. Laxmibai had died of violence.- the question is who did her to death? the probative items placed on record by the prosecution, there is no defence evidence adduced, falls into two groups. Firstly, we have the eye witness account of the mortal attack as given or spoken to by PWs-1 and 2. the probative items placed on record by the prosecution, there is no defence evidence adduced, falls into two groups. Firstly, we have the eye witness account of the mortal attack as given or spoken to by PWs-1 and 2. Secondly, we have the incriminating circumstance in the discovery of the blood stained clothes and the weapon MO-1 at the instance of the accused. Under Section 27 of the Evidence. Act. The prosecution case in nutshell is that on 3. 1. 94, at about 4. 00 p. m. in the evening when both the deceased Laxmibai and her son pw-1 Kallappa were in the above said land, the appellant came there holding a 'koyta" (MO-1) in his hand. The appellant picked up a quarrel with his brother PW-1 in respect of the allocation of lands belonging to the family at a partition, by saying or telling to PW-1 that he should be given the said land or else he would kill him. The deceased Smt. Laxmibai who was there in the land, told the appellant not to quarrel with PW-1 as he is no wav concerned with that land after the partition. Thereupon the appellant, while telling to the deceased that she is backing up PW-1 and that she has developed a lot of arrogance, committed indiscriminate assault on the deceased with the "koitha" (MO-1 ). On seeing the same, PW-1 got frightened and in that panic condition apprehending danger to his life, he ran away from the land and hid himself in the Sugarcane crop standing in the adjacent land. PW-2 Gangadhar, a cousin brother of the complainant PW-1 as well as the appellant, who was then present in his portion of the land which adjoins the land in question, also saw the assault committed on the deceased by the appellant with the weapon MO-1. After the appellant left the spot along with the weapon MO-1, both PWs-1 and 2 carne near the spot where the deceased Laxmibai was lying with injuries and found her to be dead. Then PW-1 returned to his house and informed this occurrence to his wife and also contacted his another brother staying at Kolhapur on phone and informed him of this incident. Then he wrote a complaint as per Ex. P-2 in his house and went to the police station at about 8. 00 or 8. Then PW-1 returned to his house and informed this occurrence to his wife and also contacted his another brother staying at Kolhapur on phone and informed him of this incident. Then he wrote a complaint as per Ex. P-2 in his house and went to the police station at about 8. 00 or 8. 10 p. m. and gave the same to the PSI PW-12 at the police station. On the basis of such complaint EX. P-2, the PSI pw-12 registered the case and deputed a police constable to guard the dead body of the deceased at the spot during the night PW-12 visited the spot at about 10. 30 p. m. in the night and since it was late in the night, he did not carry out any investigation during the night. On 4. 1. 94, at about 6. 00 a. m. , the PSI PW-12 made over the investigation of this case to the CPI PW-11, who carried out the further investigation of this case and after completion of investigation, he placed the chargesheet against the accused. The appellant was charged and tried for the offence under Section 302 IPC and found guilty by the Trial Court. Hence this appeal. Learned Amicus Curiae Sri S. P. Mudhol appearing for the appellant has vehemently contended that the medical evidence of the doctor PW-5 that the stomach of the deceased was found to be empty will create doubt of PW-1 and 12 being the eye witnesses to the incident as according to the complainant PW-1, the deceased had taken her food at about 1. 00 p. m and in that event some undigested food material, must have been found in the stomach of the deceased. He contended that the very fact that the. stpmach of the deceased was found to be empty by doctor PW-5, the incident in question could not have occurred at the time as sought to be made out by the prosecution through of evidence df PWs-1 and 2 and hence it throws a doubt on the ocular evidence given by PWs-1 and 2 in court. He therefore contended that the evidence of PWs-1 and 2 cannot be relied upon to best conviction. He also contended that the circumstances regarding the recovery is not established and hence it cannot be held against the appellant. He therefore contended that the evidence of PWs-1 and 2 cannot be relied upon to best conviction. He also contended that the circumstances regarding the recovery is not established and hence it cannot be held against the appellant. He therefore contended that this is a fit case where the appellant is entitled to the benefit of doubt. He also contended that there is inters inconsistency with regard to the time factor which makes the testimony of PWs1 and 2 highly doubtful. He further contended that the conduct of PW-2 is highly unnatural inasmuch as he did not inform this incident to any other person till he. was examined by the police. This conduct on the part of PW-2, according to the Amicus Curiae is highly unnatural land hence he cannot be considered to be an eye witness to the incident. He also contended that even the conduct of PW-1 is also highly unnatural inasmuch as he did not go to the rescue of his mother when she was being assaulted by the appellant. While elaborating this submission, he contended that when the mother Is being assaulted, PW-1 being the son could not have ran away from the incident and on the other hand, he should have gone to the rescue of the deceased even by risking his life. He therefore contended that the evidence of both PWs-1 and 2 is highly unnatural and no reliance can be placed upon their evidence. As against this, the Learned Govt. Pleader contended that the evidence of PWs-1 and 2 Is quite consistent, convincing and trustworthy and there is absolutely no reason to discard their evidence especially when no dent has been caused to their evidence in the. cross-examination. He further contended that the time of death based on digestive process is not precise and it is variable and hence the ocular evidence given by PWs-1 and 2 cannot be discarded on the basis of the time of death given by the doctor PW-5 on the basts of the digestive process, He also contended that even assuming that the deceased had taken her last meal at 1. 00 p. m. the incident in question having occurred at about 4. 00 p. m. in the evening, the finding of the doctor PW-5 that the stomach of the deceased was found empty instead of support the case of the defence, will support the prosecution case. 00 p. m. the incident in question having occurred at about 4. 00 p. m. in the evening, the finding of the doctor PW-5 that the stomach of the deceased was found empty instead of support the case of the defence, will support the prosecution case. He contended that the bulk of the meal leaves the stomach within 2 hours and the stomach surely start to empty within 10 minutes after the first, mouthful has entered and that further a light meal surely leaves the stomach within 2 hours alter being eaten and a medium sized meal requires 3 to 4 hours and a heavy meal 4 to 6 hours, He contended that in the instant case there being nothing on record to show that the deceased had taken a heavy meal, the medicaf evidence on record showing the stomach to be empty does not in any way contradict the evidence of PW-1 and 2 with regard to the time at which the incident in the question had occurred. He therefore contended that the Trial Court findings are correct and the same have to be confirmed. In the light of the submissions made on both sides we shall now proceed to consider the question whether the appellant is responsible for the death of his mother Smt. Lakshmibai. As we have already noticed, the medical evidence placed on record would clearly indicate that the deceased Smt. . Lakshmibai died of violence and the only question in controversy is who did her to death. Now let us go into the core of the matter in order to ascertain whether reasonable doubts about the prosecution case are available on record and have we credible evidence of the eye witness. As stated earlier, there are two types of evidence adduced by the prosecution. Eye witnesses must naturally figure most prominently in a judicial search for truth. This is really a most unfortunate case of matricide where a son appears to have murdered his own mother over a petty partition dispute relating to the land in which the deceased had been killed. It appears that the appellant and his two brothers P. W. 1 Kailappa and C. W. 7 Sharad, after the death of their father, had partitioned their property and the land in question was allotted to or given to the share of the complainant P. W. 1 Kailappa. It appears that the appellant and his two brothers P. W. 1 Kailappa and C. W. 7 Sharad, after the death of their father, had partitioned their property and the land in question was allotted to or given to the share of the complainant P. W. 1 Kailappa. But later, the appellant wanted or had expressed his desire to allot that land to him, for which the complainant P. W. 1 was not willing and agreeable. Thus, there were some ill feelings between the appellant and P. W. 1 kailappa in respect of that land. It was the impression of the appellant that their mother deceased Lakshmibai was supporting or backing up P. W. 1 in retaining that land and not to give the same to him. This has been clearly spoken to by the complainant P. W. 1 in hfs evidence before the Court. There is nothing much, in the cross-examination of the complainant P. W. 1 to disbelieve this fact spoken to by P. W. 1. . P. W. 1, who is the brother of the appellant has stated in his evidence that on 3-1-1994, when both he and his mother were in that land at about 4. 00 p. m. in the evening, the appellant came to the land holding a 'koyatha' M. O. 1 in his hand and he first picked up a quarrel with him saying that he should be allotted or given that land or else he would kill him. Their mother who was there in the land told the accused not to quarrel with him and that further accused is no way concerned with that land. Thereupon the appellant while saying to her that she has developed arrogance and that it is she who had been instigate him (P. W. 1) not to give that land to him (the accused) dealt blows with the 'kovatha' M. O. 1 on her neck and other parts of her body. The deceased fell down to the ground on receiving such blows while crying out in pain that she is dying. On seeing such assault committed by the accused on the deceased, he got frightened and apprehending danger to his own life, he rah away from the spot and hid himself in the standing sugar-case crop in the adjoining land. The deceased fell down to the ground on receiving such blows while crying out in pain that she is dying. On seeing such assault committed by the accused on the deceased, he got frightened and apprehending danger to his own life, he rah away from the spot and hid himself in the standing sugar-case crop in the adjoining land. At the time of this incident, P. W. 2 Gangadhar was present in his land which adjoins his land. After the appellant left the spot along with the weapon M. O. 1, both he and P. W. 2 went near the place where the deceased was lying with injuries and they found her to be dead. Then he returned to his house and informed this incident to his wife and also contacted his another brother staying at Kolhapur on phone and informed him of the said occurrence. Thereupon he went and lodged a written complaint as per Exhibit p. 4 with the police at about 8. 00 or 8. 10 p. m in the night. P. W. 2 Gangadhar had a land adjoining to the land of P. W. 1. At the time of this incident he was present in his land and has witnessed the occurrence. The evidence of P. W. 2 fully corroborates the version of P. W. 1 regarding the occurrence. Thus, the evidence of the complainant P. W. 1 has been fully and substantially corroborated by the evidence of P. W. 2 the adjoining land owner. The land in question was allotted to and had been in possession of P. W. 1 Kallappa at the relevant time of this incident. Both P. W. 1 and his mother deceased Lakshmibai had been to the said land on that day to attend to certain agricultural activities or agricultural work in the land. The complainant P. W. 1 was feeding water to the crop and deceased Lakshmibai was engaged in removing the weeds. P. W. 2-Gangadhar, whose land was adjoining to the land of P. W. 1, was working in his land. There is nothing unusual for the agriculturists to be found working in their lands at that hour of the day. When the incident in question had taken place at that time in the land of P. WJ, they are the most natural and probable witnesses to have seen the occurrence. There is nothing unusual for the agriculturists to be found working in their lands at that hour of the day. When the incident in question had taken place at that time in the land of P. WJ, they are the most natural and probable witnesses to have seen the occurrence. The fact that the incident in question took place in the land of P. W. 1 is amply proved from the circumstances appearing in the case. The inquest proceedings were held on the dead body of the deceased as per the Inquest Report, Exhibit P. 8, by the investigating Officer, P. W. 11 in the presence of the panchas P. W. 6 and others would show that the dead body of the deceased was lying in the land in question with injuries. The place of the incident was pointed out by the complainant P. W. 1 and from where, the bloodstained mud and the sample mud were collected by the Investigating officer, P. W. 11. The beads of the deceased from her neck-chain, which were lying on the spot, were also seized by the Investigating officer, P. W. 11. They are as per M. Os. 9, 10 and 2 respectively. The report of the Chemical Examiner received from the Forensic Science laboratory as per Exhibit P. 19 would show that the blood stained earth collected from the spot was found to be stained with blood. Further, the Doctor, P. W. 5, found that the Post Mortem Lividity was well established all over the dead body of the deceased. Under the cross-examination, the defence has elicited from the Doctor P. W. 5 that the Post Mortem Lividity will not appear in general on a dead body, if it is moved from one position to another position after the death. Thus, it is clear from the above material placed on record that the incident in question took place in the land of the complainant p. W. 1. Even, the defence did not dispute the fact that the incident in question took place, in the land in question. This is very clear from the suggestion made by the defence to P. W. 1 that his mother was murdered by someone in the morning on 3-1-1994 and her dead body was left in his land. Even, the defence did not dispute the fact that the incident in question took place, in the land in question. This is very clear from the suggestion made by the defence to P. W. 1 that his mother was murdered by someone in the morning on 3-1-1994 and her dead body was left in his land. No doubt, this suggestion has been denied by the complainant P. W. 1; but, the fact that remains to be seen is that the incident in question having occurred in the land of P. W. 1 is not in dispute. It was further suggested to P. W. 1 in the cross- examination by the defence that he has deposed falsely against the accused on account of the land dispute between him and the accused. The said suggestion would show that, at the relevant time of this incident, there was a dispute in respect of a certain land between the accused and the complainant P. W. 1. Thus, a hostility between the accused and P. W. 1 is suggested even by the defence itself in the cross-examination of P. W. 1. In fact, this is the motive, even according to the prosecution, for the killing of the deoeased in that land. Having suggested to the complainant P. W. 1 in the cross-examination that somebody had killed the deceased in the morning and left the dead body of the deceased in his land, the accused on being examined under Section 313 Cr. P. C. has stated that his brother kallappa P. W. 1 having killed the deceased is putting the blame on him. Apart from such inconsistency in the stand taken by the accused, it is to be noted that, if really the accused knew that the complainant p. W. 1 had killed the qeceased, he should have told someone about this fact and lodged a complaint in this regard with the police. But, admittedly, he did not do any of these things. On the other hand, he had surrendered himself before the Court on 5-1-1994. The investigating Officer, P. W. 11 has stated in paragraph 5 of his deposition that on 5-1-1994 the accused had surrendered before the JMFC, II Court, Belgaum, and he was remanded to judicial custody and that on 6-1-1994 he had obtained the police custody of the accused from the Court. The investigating Officer, P. W. 11 has stated in paragraph 5 of his deposition that on 5-1-1994 the accused had surrendered before the JMFC, II Court, Belgaum, and he was remanded to judicial custody and that on 6-1-1994 he had obtained the police custody of the accused from the Court. Contrary to this fact, it was suggested to the Investigating Officer. P. W. 11 by the defence in the cross-examination that the accused was taken to their custody on the morning of 4-1-1994 itself. All these suggestions made by the defence would show the falsity of the defence taken by the accused. The false plea taken by the accused would also lend support to the positive evidence placed on record by the prosecution. The defence wanted to make much out of the finding recorded by the Doctor p. W. 5 that the stomach of the deceased was found empty and the evidence of the complainant P. W. 1 would show that both the deceased and himself took their food on that day in the house at about 1. 00 p. m. and left for their land and that further they did not eat anything in the land and in that event, according to the defence the death could not have occurred at the time as suggested by the prosecution. It also tried to draw support for this contention from the evidence of the Doctor P. W. 5 who had stated in the cross-examination that it is possible that in this case the deceased might have taken her last meal about 5 hours or more before her death. On the basis of these material, it was sought to be contended on behalf of the appellant that the incident in question could not have occurred at the time, as alleged by the prosecution, and in that event P. Ws. 1 and 4 could not be the eye witnesses to the incident. It has to be stated at the outset that scene of murder is rural and the Witnesses to the case are rustic villagers and so their behavioural pattern and their perceptive habits have to be judged as such. The too sophisticated approaches familiar in Courts based on general assumption about the human conduct cannot be obviously applied to those given to the lethargic ways of our villages. The too sophisticated approaches familiar in Courts based on general assumption about the human conduct cannot be obviously applied to those given to the lethargic ways of our villages. When scanning the evidence of various witnesses, we have to inform ourselves that variances on the fringes, discrepancies in details, contradictions in narrations and embellishments in inessential parts cannot militate against the veracity of the qore of the testimony provided there is the impress of truth and conformity to probability in the substantial fabric of the testimony delivered. Further, the sluggish chronometrio sense of the countryside community in India is notorious since time is hardly of the essence of their slow life and even urban folk make mistake about the time when no particular reason to observe and remember, The hour of minor event like taking an afternoon meal existed, 1. 00 p. m could well have been an hour or more, one way or the other and hence too much play on such slippery facts goes against realism so essential in a testimonial appraisal. We must further be reminded of the fact that the imponderables pointed out by Dr. Modi in his book 'medical Jurisprudence' which makes the digestive testimony inconclusive for fixing the time since death, with any exactitude and therefore insufficient to contradict the positive evidence of the complainant P. W. 1 regarding the time of occurrence which is amply corroborated by the evidence of P. W. 2. In this connection a reference may also be made to the book "the essentials of Forensic Medicine and Toxicology" by Dr. K. S. Narayan Reddy, 15th Edn. , wherein it is observed that much reliance cannot be placed upon the estimates of time of death based on the apparent state of digestion of the gastric contents, it has been observed therein that the emptying time of the stomach varies from person to person and even In the same person at different times, depending on the nature of the food. A carbohydrate meal leaves the stomach more rapidly than a protein meal, and a protein meal leaves the stomach more rapidly than fatty meals. Fluids and semi-fluids leave the stomach very rapidly (within two hours), after being swallowed. Milk leaves rapidly, whereas meat and pulses are retained longer. Meat, green vegetables and roots cannot be recognised after 4 hours. A carbohydrate meal leaves the stomach more rapidly than a protein meal, and a protein meal leaves the stomach more rapidly than fatty meals. Fluids and semi-fluids leave the stomach very rapidly (within two hours), after being swallowed. Milk leaves rapidly, whereas meat and pulses are retained longer. Meat, green vegetables and roots cannot be recognised after 4 hours. The head of the meal reaches the hepatic flexure in about 6 hours, splenic flexure in 9 to 12 hours, and pelvic colon in 12 to 18 hours. It has also been observed in the said book by the learned author that stomach empties gradually which can be described in terms of half-life, i. e. , during half to one hour the stomach half-empties, and then in a similar period, half-empties itself again and again. The bulk of the meal leaves the stomach within 2 hours. The stomach usually starts to empty within 10 minutes after the first mouthful has entered. A light meal usually leave the stomach within two hours after being eaten, a medium-sized meal requires 3 to 4 hours and a heavy meal 4 to 6 hours. In the instant case, there is nothing on record to show that the deceased had taken any heavy meal before she left the house for the land. Therefore, to impute exactitude to a medical statement regarding the time since death on the digestive process oblivious to the variables noticed by the experts and changes in dietary habits is to be unfair to the science. We are not prepared to run the judicial risk of staking the whole verdict of nebulous medical observations. It is also well-known that the Doctor can never be absolutely certain on the point of time of death. Therefore, by any stretch of imagination, on the facts and circumstances of this case, the absence of food material in the stomach cannot be counted as a circumstance in favour of the defence. The defence has not been able to shake the credibility of these two eye witnesses P. Ws 1 and 2. Therefore, we find no reasons to reject the evidence of P. Ws. 1 and 2, though they are interested and also related to the deceased. It is no doubt true that there was some animosity or hostility between the accused and P. W. 1 at the time of this incident. Therefore, we find no reasons to reject the evidence of P. Ws. 1 and 2, though they are interested and also related to the deceased. It is no doubt true that there was some animosity or hostility between the accused and P. W. 1 at the time of this incident. But, that by itself is not sufficient to discard the evidence of the complainant P. W. 1, which is substantially corroborated from the evidence of other witness p. W. 2 and also from the contents of the FIR, Exhibit P. 1, which in our view was promptly lodged at the earliest point; of time without undue delay to the police. The prompt lodging of the FIR will lend assurance to the prosecution story as narrated by P. W. 1. The medical evidence in the case also and corroborates the version of the complainant P. W. 1. We have carefully gone through the evidence of p. Ws. 1 and 2 and we find that shorn of a few embellishments here and there, their testimony as a wholly has a ring of truth, colour of consistency and sense of straightforwardness, as a result of which their evidence inspires confidence. They have given a clear picture of what they had seen and observed. In the facts and circumstances of the case, we do ,not see any reason to discard the evidence of p. Ws. 1 and 2. It is to be stated that the discrepancies found in the ocular account of the witnesses unless they are so vital cannot affect the credibility of the evidence of the witnesses. There are bound to be Some discrepancies between the narrations of different witnesses when they speak on details and unless the contradictions are of a material dimension, the same should not be used to jettison the evidence in its entirety. Incidentally, corroboration of evidence with mathematical niceties cannot be expected in criminal cases. Minor embellishment there may be, but variations by reason therefor should not render the evidence of eye witnesses unbelievable. Trivial discrepancies ought not to obliterate an otherwise acceptable evidence. One hardly comes across a witness whose evjdence does not contain some exaggeration or embellishment sometimes there could even be a deliberate attempt to offer embellishment and sometimes in their over anxiety, they may give a slightly exaggerated account. Trivial discrepancies ought not to obliterate an otherwise acceptable evidence. One hardly comes across a witness whose evjdence does not contain some exaggeration or embellishment sometimes there could even be a deliberate attempt to offer embellishment and sometimes in their over anxiety, they may give a slightly exaggerated account. The Court case sift the chaff from the grain and find out the truth from the testimony of the witnesses. Total rejection of the evidence is unnecessary. The evidence is to be considered from the point of view of trustworthiness. If this element is satisfied, it ought to inspire confidence in the mind of the Court to accept the stated evidence though not however in the absence of the same. It would be of some relevance to note here itself that different witnesses react differently under different situation, whereas some become speechless, some start wailing while some others run away from the scene and yet there are some who may come forward with courage, conviction and belief that the wrong should be remedied. As a matter of fact, it depends upon individuals and individuals. There cannot be any set pattern or uniform rule of human reaction and to discard a piece of evidence on the ground of his reaction not falling within a set pattern is unproductive and a pedantic, exercise. It is true that in this case P. W. 1 ran away from the Spot to save his life and that further neither the complainant P. W. 1, the owner of the adjoining land, nor P. W. 2 came to the rescue of the deceased or tried to catch hold of the accused. But, as we have already stated, there cannot be any set pattern of or a rule of human reaction on the basis of non-confirmity wherewith, a piece of evidence may be discarded. Different witnesses react differently. Court cannot expect a set of reactions from any eye witness on seeing the evidence like murder. Hence, a reaction not improbable or inconceivable from any human being in a similar situation cannot be dubbed as unnatural. Perhaps, the first reaction of P. Ws. 1 and 2 was to remain sturned for a while particularly after seeing the blood thirty man like the accused acting like a devil holding a lethal weapon. If P. Ws. Hence, a reaction not improbable or inconceivable from any human being in a similar situation cannot be dubbed as unnatural. Perhaps, the first reaction of P. Ws. 1 and 2 was to remain sturned for a while particularly after seeing the blood thirty man like the accused acting like a devil holding a lethal weapon. If P. Ws. 1 and 2 did not dare to go near the accused, then how can that conduct be dubbed as unnatural. It has to be pointed out that, when P. W. . 1 had been threatened by the accused that in case he did not heed to his demand, he would be done to death. In that event it is quite natural to expect that P. W. 1 would run away from the spot in order to save his own life. Therefore, we do not find anything unnatural about the conduct of P. Ws. 1 and 2. RW. 1 being the target of attack also it is quite likely that in order to save his own life which is dearer than anything else, ran away from the spot as soon as the accused initiated the assault on the deceased and hid himself in the standing crop in the adjoining land. P. W. 2 did not dare to go near the accused who was indiscriminately assaulting his own mother in the land. It is quite likely that P. W. 2 having witnessed the entire occurrence from the beginning to the end, could have informed the same to the complainant P. W. 1, who was hiding himself in the stand crop in the adjoining field. In this context, probably, P. W. 2 has stated in his cross-examination that he did not inform about his seeing the incident to anybody except P. W. 1 till the police came to the spot on the next day. It would be of some relevance to note here itself that the post-event conduct of a witness varies from person to person. It cannot be a caste-iron reaction to be allowed as a model by everyone witnessing such event. Different persons would react different on see any violence and their behavior and conduct would therefore be different. We have not noticed anything which can be regarded as an abnormal conduct of P. Ws. 1 and 2 witnessing such ghastly incident. It cannot be a caste-iron reaction to be allowed as a model by everyone witnessing such event. Different persons would react different on see any violence and their behavior and conduct would therefore be different. We have not noticed anything which can be regarded as an abnormal conduct of P. Ws. 1 and 2 witnessing such ghastly incident. Further, by blaming the complainant P. W. 1 for not lodging the fir earlier than 8. 00 or 8. 10 p. m. on the said day, we are reaching neither here nor there. We cannot shut, our eyes to the reality that , for P. W. 1 it was his mother who was butchered right in front of his own eyes by a person who is none other than his own brother. If he had taken a couple of hours to regain his composure and also to consult his another brother staying at Kolhapur on phone to go to the police station for lodging the complaint, it only sounds as normal conduct of a bereaved son in the aforesaid circumstances. In the circumstances, therefore, we find that the complaint has been lodged without undue delay by P. W. 1 to the police and it also corroborates the version of P. W. 1 in the Court. In this connection a reference may be made to a decision of the Hon'ble Supreme Court in the case STATE OF UTTAR PRADESH vs NAHAR SINGH (DEAD): AND others wherein it is held; "son of a deceased consulting his uncle about giving the complaint and drafting the same cannot be a ground to weaken the case of the prosecution in the circumstances of the case. " we may further refer to this regard to the decisions of the Hon'ble supreme Court in the case TARA SINGH AND OTHERS vs THE state OF PUNJAB and in the case ZAHOOR AND OTHERS vs state OF UTTAR PRADESH. Merely because there have been discrepancies and contradictions in the evidence of some or all of the witnesses, it does, not mean that the entire evidence of the prosecution has to be discarded. It is only if, after exercising caution and care and sifting the evidence to. separate the truth from untruth, exaggeration, embellishments and improvement, the Court comes to the conclusion that what can be accepted implicates the accused, it wiii convict the accused. It is only if, after exercising caution and care and sifting the evidence to. separate the truth from untruth, exaggeration, embellishments and improvement, the Court comes to the conclusion that what can be accepted implicates the accused, it wiii convict the accused. The maxim, "falsus in uno falsus in omnibus is not a sound, rule for the reason that hardly one could come across a witness whose evidence does not contain a grain of untruth or at any rate, exaggeration, embroideries or embellishments. In most cases, the Witnesses when asked about details venture to give some answer, not necessarily true or relevant for fear that their evidence may not be accepted in respect of the main incident which they have witnessed, but that is not to say that their evidence as to the salient features of the case after cautious scrutiny cannot be considered though where the substratum of the prosecution case or material part of the evidence is disbelieved it will not be permissible for the Court to reconstruct a story of its own out of the rest. Therefore, having carefully perused the ocular evidence of both p. Ws. 1 and 2, we find that their evidence regarding the occurrence is most acceptable. When once the evidence of these two witnesses, p. Ws 1 and 2, is accepted and believed, the prosecution case stands proved apart from anything else. It will, however, appear that in this case the prosecution has led circumstantial evidence to support the intrinsic evidence of P. Ws. 1 and 2. The evidence of the PSI, P. W. 12, would show that he had been deputed by the Investigating Officer, P. W. 11, to apprehend the accused, who was absconding. Accordingly, he made efforts to trace the accused. But, he could not be traced. Then we have the evidence of the CPI, P. W. 11, that on 5-1-1994 the accused had surrendered himself before the Court and that on 6-1-1994, P. W. 11, had obtained the police custody of the accused from the Court. The abscondence in this case, though of fa short duration, yet it is of some relevance found because, if the appellant was really innocent, he would have come to the spot on coming to know of the death of his mother. The abscondence in this case, though of fa short duration, yet it is of some relevance found because, if the appellant was really innocent, he would have come to the spot on coming to know of the death of his mother. The evidence of the CPI, P. W. 11, would further indicate that in pursuant to a voluntary statement made by the accused, the weapon M. O. 1 was recovered from the place where it was concealed by the accused. The panch for the recovery P. W. 10 having turned hostile, the prosecution has to fall back upon the evidence of the Investigating officer, P. W. 11, who has proved the recovery of the weapon M. O. 1 and the clothes M. Os7 and 8 at the instance of the accused. It has to be pointed out that even if the motive is not proved, if the evidence of the eye witnesses P. Ws. 1 and 2 is accepted, the question of motive pales into insignificance and becomes absolutely academic. We would however hasten to add that this is no doubt the correct proposition of law, but, in the instant case, we should remember the lust of land is a very sensitive matter. We have known a very large number of cases resulting in serious disputes culminating in murders over small land disputes. Various persons react different in similar circumstances and we cannot. therefore exclude the possibility of the appellant having reacted very sharply against what he considered to be an inequitable distribution of the property. This would undoubtedly provide an adequate motive for the murder which is demonstrated by the fact that the deceased mother was actually murdered by the appellant on account of the property dispute. The deceased Lakshmibai was staying with the complainant P. W. 1 and when the accused was quarrelling with P. W. I over the land dispute, the intervention of the deceased in the matter was taken serious exception by the appellant as it was his impression that it is at the instance or at the instigation of the deceased, P. W. 1 is declining to accede to his request in the matter, it was an impression of the accused that the deceased is behind all this. Would undoubtedly provide an adequate motive for the murder which is demonstrated by the fact that the deceased was in fact murdered by the accused. Would undoubtedly provide an adequate motive for the murder which is demonstrated by the fact that the deceased was in fact murdered by the accused. Therefore, having given our anxious consideration to the matter in issue we are satisfied that the finding of the Trial Court regarding the guilt of the accused being proved is absolutely correct and calls for no interference in the appeal by this Court. The Trial Court was justified in convicting the caused for the offence under Section 302 IPC and sentencing him to life imprisonment on the facts and circumstances of this case. We ourselves having scrutinised the evidence of the two eye witnesses p. Ws. I and 2, which had been placed before us at great length entirely agree with the appreciation made by the Trial Court in the impugned judgment and come to the conclusion that the two eye witness P. Ws. 1 and 2 must be held to be trustworthy and full reliance could be placed on their testimony. These two witnesses having not only seen the occurrence but also having seen the accused with the weapon in his hand and mercilessly assaulting the deceased which is fully corroborated by the medical evidence, and the presence of a large number of injuries on the dead body of the deceased. In this view of the matter, we see no infirmity with the conclusion arrived at by the Trial Court in the impugned judgment and in relying upon the testimony of the two trustworthy witnesses PWs 1 and 2, one of whom happens to be the son of the deceased and as such is most natural witness to be present and having witnessed the occurrence especially when the incident in question had occurred in the land of P. W. 1. Therefore, we find no merit in this appeal filed by the appellant. This appeal is accordingly dismissed confirming the judgment and order of conviction as well as sentence passed by the Trial court against the appellant. Having regard to the service rendered by Sri S. P. Mudhol, amicus curiae, in arriving at correct conclusion in the above appeal, we fix his fee at Rs. 1,000/ -. --- *** --- .