J. C. GUPTA, J. Appellants in the four above referred appeals have been convicted and sentenced to imprisonment for life under Section 302 I. P. C. read with Section 149 I. P. C. each of them has been further convicted and sentenced to 3 years rigorous imprisonment under Section 148 I. P. C. Since all these appeals arise out of the same incident, they were heard together and are disposed of by this common judgment. 2. The principal charge against the appellants and two acquitted accused Amar Singh and Govind Das was that on 4-8-1994 they formed an unlawful assembly and in prosecution of its common object committed the murders of Sukhiya and his two sons Murlidhar and Nandu, in the groundnut field of Sukhiya in village Richa within the area of police station Panwadi, District Mahoba at about 6 p. m. and they all were armed with kulhari (axe) excepting Govind Das, who carried a counry made pistol. 3. Accused Narain and Radha Charan are cousin brothers. Accused Ravi Das and Jagdish are sons of accused Narain while accused Khalak Singh is son of accused Radha Charan. Accused Sewa is brother-in- law of accused Narain. Acquitted accused Govind Das is son of accused Sewa while other acquitted accused Amar Singh is said to be belonging to the family tree of accused Narain. 4. Prosecution story in brief was that the deceased Sukhiya and his sons deceased Murlidhar and Nandu were residing in village Richcha. Accused persons were also residing in the same village. About three years before the present occurrence, accused Narain had built a house near Adi Kumari Temple and had started tethering his cattle there. Two years thereafter Sukhiya had also built a cattle shed there and whenever he used to go to tie his cattle he was not being permitted by accused Narain. On this issue an incident had also occurred between Sukhiya and accused Narain about two months prior to the incident in question. Murlidhar was a Post-graduate and as Sukhiya was having more land than Narain the latter was feeling envy on account of the progress made by deceased and his family. It is alleged that in the evening of 3-8-94 Sukhiya with his two sons Murlidhar and Nandu and their wives Smt. Shyama P. W. 2 and Smt. Shanti Devi. P. W. 1 alongwith Kr. It is alleged that in the evening of 3-8-94 Sukhiya with his two sons Murlidhar and Nandu and their wives Smt. Shyama P. W. 2 and Smt. Shanti Devi. P. W. 1 alongwith Kr. Maya daughter of Murlidhar and Balinder were doing Narai (process of removing weeds and resettling of soil) of ground-nut crop in the field of Sukhiya. Time was about 6 p. m. eight accused persons namely Narain, Ravi Das, Jagdish, Khalak Singh, Amar Singh, Radha Charan, Sewa and Govind Das suddenly arrived there. The first seven were armed with kulhari (axe) and Govind Das with a country-made pistol. As soon as they arrived Narain exhorted his companions to kill Sukhiya and others whereupon Govind Das fired from his country-made pistol upon Nandu, who alongwith Murlidhar and Sukhiya ran towards north to save their life but they were chased by the assailants and Nandu Sukhiya were killed in the field of Ches Ram while Murli Dhar was murdered in the field of Sarua. The accused persons threatened the villagers that if any one advanced towards them or reported the matter to police he would be met with the same fate like Sukhiya and his two sons. 5. In the next morning Smt. Shanti widow of deceased Nandu went to police station Panwari and dictated an oral report Ex. Ka. I, which was recorded in the chik register at 7. 15 a. m. While reporting the matter to police orally Smt. Shanti further disclosed that she could not come to report the matter during night due to fear and that the dead bodies of all the three deceased were lying at the scene of occurrence. Sub-Inspector Virendra Singh, P. W. 5 was present at the police station when report of Smt. Shanti Devi was registered. Since Station Officer Atar Singh Yadav was absent, the investigation was entrusted to Sub-Inspector Virendra Singh. He recorded the statement of Smt. Shanti Devi at police station itself and thereafter he proceeded to the scene of occurrence with necessary force. He found deadbodies of three deceased persons lying on the scene of occurrence. He held inquest from 9. 30 a. m. onward and completed the same at 12. 20 p. m. The dead bodies were then sent to mortuary for post mortem examination. P. W. 3 Dr. Mrigendra Rajput conducted autopsy on the deadbody of Murlidhar at 3. He found deadbodies of three deceased persons lying on the scene of occurrence. He held inquest from 9. 30 a. m. onward and completed the same at 12. 20 p. m. The dead bodies were then sent to mortuary for post mortem examination. P. W. 3 Dr. Mrigendra Rajput conducted autopsy on the deadbody of Murlidhar at 3. 45 p. m. on 5-8-94 and found following ante mortem injuries: (1) Incised wound A. P. 8 cm. x 1 cm. scalp deep left side skull vault, 6 cm. above left ear. (2) Incised wound A. P. 11 cm. x 4. 5 cm. bone deep left side back of neck 2 cm. behind left ear, brain coming out. (3) Transverse incised wound 17 cm. x 5 cm. on left and posterior in side of neck 2 cm. behind injury No. 2, bone deep, second cervical vertebrae cut fractured. (4) Multiple incised wounds over an area of 22 cm. x 7. cm. x bone deep on right side of neck, 2 cm. below right ear, 1st, 2nd 3rd cervical vertebrae cut and fractured, brain was flowing out. (5) Incised wound over right cheek 3 cm. x 2 cm. bone deep mandible x maxilla cut and fractured. 6. In the opinion of debtor cause of death was shock and Neuralorogin asphyxia due to injuries sustained by heavy sharp weapons. Post mortem report of Murlidhar is Ex. Ka. 3. 7. On the same day Dr. Rajput, P. W. 3 also held post-mortem examination on the the dead body of deceased Sukhiya at 4. 30 p. m. and found following ante-mortem injures: (1) Six A. P. incised wound over left side neck x head area extending from clavicle left side 27 cm. (vertical and horizontal) in an area of 30 c. m. bone deep, trachea esophagus cut vertebrae 1-6th cut. No. 4 & 5 were extending upto mastoid right side 3 cm. below right mastoid. All were bone deep. (2) Lacerated wound left wrist posterior, aspect fractured both bones were radious and ulna. (3) Right eye contused. In the opinion of doctor cause of death was shock and asphyxia (central origin) due to injuries sustained. Post-mortem report of Sukhiya is Ex. ka. 4. 8. Dr. Rajput also conducted autopsy on the dead-body of Nandu on the same day at 5. (3) Right eye contused. In the opinion of doctor cause of death was shock and asphyxia (central origin) due to injuries sustained. Post-mortem report of Sukhiya is Ex. ka. 4. 8. Dr. Rajput also conducted autopsy on the dead-body of Nandu on the same day at 5. 15 a. m. and found following ante mortem injuries: (1) Sharp incised cut on neck from left side over thigh except 6 cm. skin and underlying 2-3 cm. deep muscles of other portion were cut. (2) Left infra orbital side to side horizontal cut size was 7 cm. x 5 cm. soft palate. (3) Left supra orbital cut and fractured 5 x 3 cm. bone brain deep. (4) Right supra orbital oblique cut bone deep 2 cm. x 2 cm. (5) Two A. P. incised wound 3 cm. x 2 cm. on left parieto eccipital area bone deep. Cause of death was shock and haemorrhage as a result of ante-mortem injuries. Post-mortem report of Nandu is Ex. Ka. 5. 9. It may be relevant to mention here that in his statement before the trial Court, Dr. Rajput categorically opined that death of all three deceased persons could occur at about 6 p. m. on 3-8-94 due to ante-mortem injuries sustained by them. He further opined that all the ante-mortem injuries could be the result of blow inflicted by heavy sharp cutting weapons like kulhari (axe ). This opinion of Dr. Rajput could not be assailed in cross-examination. With regard to ante mortem injuries No. 2 and 3 of deceased Sukhiya. Dr. Rajput stated that injury No. 2 could be caused from blunt end of axe while injury No. 3 could also be the result of handle of axe or due to haemorrhage of brain. 10. Sub-Inspector Virendra Singh also collected blood stained and plain earth from the scene of occurrence and while he was still busy with the investigation, Station Officer Atar Singh Yadav, P. W. 4 arrived at the place of occurrence and he took up investigation in his own hands. As already stated above, Station Officer Atar Singh Yadav was not present at the police station when the first information report of the present case was lodged. As already stated above, Station Officer Atar Singh Yadav was not present at the police station when the first information report of the present case was lodged. He was going to Hamirpur to attend monthly crime meeting and while he was still at the bus stop rath, he got information from a police constable that three persons have been murdered in village Richcha. On getting this information he came back to police station Panwari where he found that case crime No. 70/94 under Sections 147, 148, 149 and 302 I. P. C. has been registered already against eight named person on the oral report of Smt. Shanti Devi and Sub-Inspector Virendra Singh had already left for the place of occurrence. He immediately proceeded to the scene of occurrence and on reaching there he found that inquest of all the three deceased had been over and samples of blood stained and plain earth had been taken. He took up investigation from Sub-Inspector Virendra Singh and recorded the statement of Smt. Shyama w/o Murlidhar, Km. Maya and Balender. He also made inspection of the scene of occurrence and prepared site plan Ex. Ka. 6. At the scene of occurrence he found three khurpis (agricultural appliance which are used to remove weeds and extra grass from soil) lying in the ground-nut field of Sukhiya. He took them into his possession and gave them in the custody of Smt. Shyam through memo Ex. Ka. 7. 11. All the accused person surrendered in Court and they were sent to jail. On coming to know of this, the investigating officer interrogated them in jail on 9-8-94 with the permission of the concerned Magistrate. After interrogation, he moved an application in the Court of Chief Judicial Magistrate on 12- 8-94 for remanding the accused persons to police custody to facilitate investigation as accused person had promised to get the weapons used in the crime recovered. Excepting accused Govind Das all other persons were remanded to the police custody under the order of the Magistrate. 12. On 21-8-94 they were again interrogated in police custody and they disclosed that kulhari had been concealed by them and they would get them recovered but on 21-8-94 on account of night hours and rain they were detained at the police station on that day and then an 22-8-94 they were taken in custody to village richcha. 12. On 21-8-94 they were again interrogated in police custody and they disclosed that kulhari had been concealed by them and they would get them recovered but on 21-8-94 on account of night hours and rain they were detained at the police station on that day and then an 22-8-94 they were taken in custody to village richcha. The Investigating Officer collected witnesses and then the accused persons led the police party to Chamari Paharia and from there each one of the accused, one after the other, took out axe and handed over the same to the investigating officer. All the seven axes were stained with blood and had been concealed in shrubs. They were separately sealed and memos Ex. Ka. 14 were prepared. The handles of the axe were broken into three piece and then they were sent for chemical examination to Forensic expert. All the seven axes were found blood stained. The axe which was got recovered by accused Sewa was found stained with human blood, while stains of other axes were found to have disintegrated. On completion of investigation the investigating officer submitted charge-sheet against all eight nominated accused persons. Before the trial Court prosecution examined five witnesses in all, namely P. W. 1, Smt. Shanti Devi, P. W. 2 Smt. Shyama Devi, P. W. 3 Dr. Mrigendra Rajput, P. W. 4 Sub-Inspector Atar Singh Yadav and P. W. 5 Sub-Inspector Virendra Singh of whom P. W. 1 to P. W. 2 were examined as witnesses of fact. 13. The case of accused persons was of total denial and they stated of their false implication due to enmity. According to accused Narain the field of village chowkidar Yadav is adjacent to his own field. There was some dispute with him and he has been instrumental in getting him implicated falsely. Accused Jagdish who is son of accused Narain stated like wise. Accused Govind Das stated that he is son of accused Sewa and thus he and his father have been falsely implicated on account of enmity with their relation Narain. Accused Sewa stated that he was suffering from cancer for the last 10 years. He was a resident of another village Jarakhar and he has been falsely implicated. Ravi Das s/o Narain took up the same stands as was taken by his brother Jagdish. Accused Sewa stated that he was suffering from cancer for the last 10 years. He was a resident of another village Jarakhar and he has been falsely implicated. Ravi Das s/o Narain took up the same stands as was taken by his brother Jagdish. Accused Khalak Singh who is son of accused Radha Charan sated that at the time of occurrence he used to reside in his house which he had built at Kulpahar and he was staying there. Accused Amar Singh stated that he had no relationship with any accused and he has been falsely implicated. 14. On evaluation of evidence on record, the learned Sessions Judge by a detailed judgment found six accused persons, the present appellants, guilty and convicted and sentenced them as stated above. However, the learned Sessions Judge acquitted accused Govind Das and Amar Singh by extending to them the benefit of doubt. 15. Sri J. S. Sengar and Sri R. S. Tiwari appeared for the appellants while Sri R. S. Maurya, learned A. G. A. appeared for the State. The Court has heard them at length. 16. From the autopsy reports Ex. Ka. 3 to Ka. 5 and the evidence of Dr. Rajput, P. W. 3 it has been fully established beyond doubt that the three deceased had sustained fatal incised resulting in their death. Their death were thus, homicidal in nature. The learned Counsel for the appellants has also not assailed or challenged the factum of death of the three deceased persons on account of ante mortem injuries sustained by them. However, learned Counsel for the appellants raised a number of contentions before us and submitted that the appellants conviction is not sustainable from the evidence on record. It would be appropriate for us to briefly made a mention of the main contentions convassed before us by the learned Counsel for the appellants. However, learned Counsel for the appellants raised a number of contentions before us and submitted that the appellants conviction is not sustainable from the evidence on record. It would be appropriate for us to briefly made a mention of the main contentions convassed before us by the learned Counsel for the appellants. It was submitted that both the witnesses P. W. 1 Smt. Shanti Devi and P. W. 2 Smt. Shyama Devi are partisan and interested witnesses, besides being chance witnesses; that their evidence does not inspire confidence and their presence is rendered highly doubtful on account of their unnatural and inconsistent behaviour and conduct; that there is inconsistency between their ocular account of incident and the medical evidence; that none of the villagers, who as per first information report has also arrived at the scene of occurrence has been examined to support the prosecution case;that the motive alleged by the prosecution was so inadequate and insufficient as to have excited prompted the appellants to commit murder of three of their collaterals and at any rate the alleged motive has not been established that the first information report is a suspicious document besides being lodged with a considerable amount of delay and that once the Sessions Judge had found the evidence of the two eye-witnesses untrustworthy in regard to two acquitted accused persons, the appellants could not be convicted on the same evidence. It was further argued that the circumstances indicate that the three deceased were murdered during night hours and when the fact of their murders was came to be known in the morning, F. I. R. was lodged with consultation and manipulation. On the other hand learned A. G. A. supported the findings of the learned Sessions Judge and argued that prosecution case against the appellants has been established beyond reasonable doubt and the fact of acquittal of two accused persons cannot come in the way of their conviction as the said accused persons have been the benefit of doubt only as an abundant caution and their case was also distinguishable from the case of the appellants. 17. We now proceed to deal with the submission made by learned Counsel for the parties. It was submitted by learned Counsel for the appellants that no motive in this case for committing murder of three persons in a brutal manner has been established from the evidence on record. 17. We now proceed to deal with the submission made by learned Counsel for the parties. It was submitted by learned Counsel for the appellants that no motive in this case for committing murder of three persons in a brutal manner has been established from the evidence on record. At any rate the one alleged by the prosecution is very weak and cannot be considered as sufficient and adequate. The only witness to state about the motive is P. W. 1 Smt. Shanti. In her statement before the trial Court she stated that about 3 years prior to the incident in question accused Narain had built a cattle house near the Temple of Adil Kumari. Two years thereafter her father-in-law Sukhiya also built a cattle house there to the disliking of accused Narain. He often used to object to the movement of Sukhiyas cattle and in this connection a quarrel had occurred between them about two months before the present occurrence. She has further deposed that her jeth (husbands elder brothers), Murlidhar, had passed XVIth class (Past-graduate) and her father-in-law was having more land than accused Narain. Sukhiya affluency was the cause of jealousy of Narain accused and his family members. In cross-examination she admitted that in the incident, which had occurred prior to the murders in question on the issue of tethering of cattle, no one was however, physically assaulted. It was, therefore, submitted by the learned Counsel for the appellants that this evidence hardly establishes any motive much less an adequate or strong motive to the accused persons to commit murder of their three collaterals. This part of the statement of Smt. Shanti Devi that accused Narain was feeling envy with Sukhiya and his family members on account of progress made by them was not challenged in cross-examination and it remained unrebutted. Undisputedly, Narain and Radha Charan accused are cousin brothers and collaterals of deceased Sukhiya. It often happens that when one of the collateral becomes rich and more affluent a feeling of envy or jealousy develops in others. As per the statement of P. W. 1 Smt. Shanti Devi, Sukhiyas family was more advance both in terms of wealth and education than the family of accused persons. Some quarrels between accused Narain and Sukhiya on the question of tethering of cattle by deceased Sukhiya had also taken place before the incident in question. As per the statement of P. W. 1 Smt. Shanti Devi, Sukhiyas family was more advance both in terms of wealth and education than the family of accused persons. Some quarrels between accused Narain and Sukhiya on the question of tethering of cattle by deceased Sukhiya had also taken place before the incident in question. It could also be that affluency might have brought arragancy in Sukhiya and his two sons and they may be posing themselves to be much superior than other collaterals and might be treating them with disdain, disrespect and hatred. Therefore, there is nothing unusual if accused persons were having same ill-feelings in their heart against Sukhiya and his two sons. It is also of common experience that people react differently in similar situation. The springs of human action and conduct are most surprising and they cannot be measured in any crucible because what motivates a person is difficult to postulate. They are co-related to the characteristics of each individual. As two men are never born alike in physique, figure, complexion, habit etc. similarly, they have their own distinctive characteristics with regard to their mental feeling, sentiments, behaviour and conduct. Some persons are too sensitive and touchy that their passion may be aroused on some minor issues and in very trifling situations. On the other hand there are people who are most ideal and judicious whereas some are so dormant and indolent that they avoid even grave situations and cause no pains to others. Motive therefore, is a thing, which may be known only to the offender and none else. It is so deeply seated that it is not possible to measure the same nor it can be determined with certainty as to what was the real cause or reason which actually prompted of excited on accused to commit a particular crime. The alleged motive may be meagre or ostensibly in some cases there may not be any motive but for that reason alone the prosecution case cannot be discarded as suspicious, and conviction can still be recorded, if from the evidence adduced in the case, guilt of accused is otherwise established beyond reasonable doubt. In the present case on the basis of unrebutted facts stated by P. W. 1 Smt. Shanti it can safely be said that accused Narain and his family members were having a grudge against deceased Sukhiya and his two deceased sons. In the present case on the basis of unrebutted facts stated by P. W. 1 Smt. Shanti it can safely be said that accused Narain and his family members were having a grudge against deceased Sukhiya and his two deceased sons. 18. In any view of the matter as the failure or success of the present case depends upon the veracity of evidence of two eye-witnesses, the question of motive has lost significance and is more or less academic and in this context we need not vex our mind any further. 19. Coming to the eye-witness account we find that it consists in the testimony of two witnesses namely P. W. 1 Smt. Shanti w/o Nandu deceased and P. W. 2 Smt. Shyama w/o Murlidhar deceased. They both have stated that they were present at the scene of occurrence as they had also gone to the ground-nut field of Sukhiya deceased for doing Narai. Their husbands, father-in-law and nephews were all busy in the work of Narai when suddenly accused persons appeared at the scene of occurrence, seven of them being armed with axe while accused Govind Das with country made pistol. They gave out a vivid account of the incident and stated of the assault made upon the three deceased persons by accused persons. It has also been stated by both of them that all the three deceased persons on seeing the accused persons ran for their life, but they were chased and were killed by the accused persons. Nandu and Sukhiya were killed in the field of Chet Ram while Murlidhar in the field of Sarua. Before the trial Court they further specified that accused Amar Singh, Khalak Singh and Sewa killed Murlidhar by inflicting axe blows upon him. Accused Ravi Das and Jagdish killed Sukhiya while Nandu was killed by accused Narain, Ram Charan and Govind Das. It may be mentioned here that in the first information report Govind Das was simply attributed the role of firing upon Nandu and there was no averment that accused Govind Das was also armed with axe nor there was any allegation of the use of axe by him. Since no fire arm injury was found on any deceased person the trial Court extended the benefit of doubt to accused Govind Das. 20. Since no fire arm injury was found on any deceased person the trial Court extended the benefit of doubt to accused Govind Das. 20. Smt. Shanti Devi, P. W. 1 further stated that accused persons had also pronounced that if any one dared to says about the incident he would also be killed. It has also been deposed by her that she could not go to lodge the report at the police station during night on account of fear of accused persons. She proved F. I. R. as Ext. Ka. 1 which she had dictated at the police station. 21. Learned Counsel for the appellants tried to impress upon this Court to discard the testimony of these two eye-witnesses on the ground that they are interested witnesses and the only premises for dubbing them as interested witnesses is that they are windows of deceased Nandu and Murlidhar respectively. Undoubtedly, both these witnesses are thickly related to the decreased persons, but their evidence cannot be discarded overboard an that ground alone and the question which requires determination is whether their presence at the scene of occurrence has been established beyond reasonable doubt and their evidence inspires confidence. If these two ladies were present and had themselves seen the occurrence, they would certainly be interested to being the killers of their husbands to book. Once their presence is established, there could not be any difficulty in holding that they must have identified as to who were the killers of their husbands and father-in-law as the incident had occurred in broad day light. It has come in the evidence that with the killing of three deceased persons no adult male member was left in the family of these witnesses. Sukhiyas wife had already predeceased him. Therefore, only these two young ladies were left in the family with small and young children. In these circumstances, it is difficult to conceive that they would try to screen the real offenders and falsely implicate their own innocent collaterals for no apparent rhyme and reason. No property dispute was suggested to them. What was suggested is that Smt. Shanti Devi nominated accused persons at the behest of village chowkidar. The suggestion was emphatically denied by the witnesses and there is nothing on record to show that there was any enmity of accused persons with the village chowkidar. No property dispute was suggested to them. What was suggested is that Smt. Shanti Devi nominated accused persons at the behest of village chowkidar. The suggestion was emphatically denied by the witnesses and there is nothing on record to show that there was any enmity of accused persons with the village chowkidar. Noteworthy, the village chowkidar was neither related to the deceased persons nor was shown to be friendly with them. He is not even of the same caste of the deceased persons. The defence suggestion thus remained only as a bald suggestion which also otherwise looks to be most absurd and unacceptable. It is rediculous to think even these two rustic women, who had witnessed with their own eyes killing of their own husbands and father-in-law, would falsely implicate or nominate their own collaterals as assailants of deceased persons leaving out real offenders just on the asking of village chowkidar with whom neither the deceased persons nor these two ladies were living any affinity. 22. It was next submitted that no reliance should be placed on the claim of these two witnesses regarding their presence at the scene of occurrence because the incident as per the prosecution case occurred in the ground-nut field at about 6 p. m. in the evening as normally these witnesses would be expected to be at home at that hour. The submission of the learned Counsel for the appellants that both these witnesses were chance witnesses cannot be counteranced as the evidence on record establishes their presence at the scene of occurrence. Both these witnesses have clearly stated in their statements before the trial Court that they had gone with their husbands and father-in-law to the ground-nut field for doing Narai work and they had left home in the morning at about 9-10 a. m. after taking full meals. It is of common experience that in village female members often join male members of the family in doing such agricultural work. It may also be not out of place to mention here that village Abadi was only 50-60 paces away from the scene of occurrence as was deposed by P. W. 1 Smt. Shanti Devi. A perusal of the post-mortem reports of the three deceased persons indicates that a large number of injuries were caused to them. Therefore, the assailants must have taken a considerable time in inflicting those injuries. A perusal of the post-mortem reports of the three deceased persons indicates that a large number of injuries were caused to them. Therefore, the assailants must have taken a considerable time in inflicting those injuries. Since the house of these two witnesses was close by, they could have easily rushed from their house to the scene of occurrence on the cries and shrieks of deceased persons. The prosecution thus could have come easily with the case of these two witnesses reaching the scene of occurrence from their house on hearing the cries and shrieks of deceased persons. By placing them in the same field where the deceased persons were working, the prosecution was going to gain nothing, particularly when the incident had occurred in day light. It is also significant to note that when the investigating officer visited the scene of occurrence, he had found three khurpis lying in the ground-nut field where Narai work was being done. Recovery of khurpi has not been assailed from the defence side. The recovery of khurpis from the scene of occurrence fully supports the prosecution story that the deceased were doing Narai of ground-nut crop during day time as it is of common knowledge that such work is never carried out during the night hours. It was argued by the learned Counsel for the appellants that if P. W. 1 & P. W. 2 were also doing Narai, the number of khurpis recovered should have been much more. None of the witnesses was asked as to whether they and also carried khurpi with them or were doing Narai work with khurpi. While doing Narai the soil is re-settled and waste grass and weeds are removed. Plucking of weeds can also be done by hands without the use of any agricultural appliance. It was also not asked from the witnesses as to what had happened the khurpis if they were carried by them for doing Narai work. In the absence of any effective cross-examination, it would be most unrealistic to doubt their presence at the scene of occurrence. It was also not asked from the witnesses as to what had happened the khurpis if they were carried by them for doing Narai work. In the absence of any effective cross-examination, it would be most unrealistic to doubt their presence at the scene of occurrence. No doubt some minor contradictions here and there in their statements were pointed out by the learned Counsel for the appellants such as existence of crop in the nearby fields, the description of boundaries of the fields where two deceased persons were killed and that P. W. 1 Smt. Shanti Devi had described the ground-nut field as Kunwawala khet whereas in fact there was no well therein. The learned Sessions Judge in the impugned judgments has dealt with them in detail in a most convicing manner. In any view of the matter, such minor discrepancies would not in any way impair trustworthy evidence. Such minor discrepancies were bound to occur in the evidence, specially when that statements were recorded twenty two months after the incident in question and they were illiterate and rustic villagers. Even in case of trained and educated persons, memory sometimes plays false and this would be much more so in case of a rustic and illiterate women belonging to a weaker section of society. To reject the testimony of these two witnesses on that score only will be highly erroneous. 23. It was next submitted that undisputedly P. W. 3 Smt. Shanti Devi and P. W. 2 Smt. Shyama were wives of deceased Nandu Murlidhar respectively, but no attempt was made by any of the assailant to injure them nor it is alleged that they tried to intervene to save their husbands, who were being belaboured in their presence. According to learned Counsel for the appellants had they been present them in all probability they must have made an attempt to save the life of their husbands and in the process they must have also received some injuries. The absence of any injury on their person of their not making any attempt creates a doubt in their presence at the scene of occurrence. 24. After minutely examining the evidence of these two witnesses and considering the facts and circumstances of the case, we find ourselves unable to agree with the submission of learned Counsel for the appellants. The absence of any injury on their person of their not making any attempt creates a doubt in their presence at the scene of occurrence. 24. After minutely examining the evidence of these two witnesses and considering the facts and circumstances of the case, we find ourselves unable to agree with the submission of learned Counsel for the appellants. As per the prosecution case a number of accused persons arrived at the scene of occurrence and challenged the decesed whereupon they started running away, but they were chased and killed at two different places. From the site plan Ex. Ka. 6 it transpires that the dead body of Murlidhar was found at the place shown by letter a in the field of Sarua. This spot was removed by about 226 paces from the spot where the witnesses were placed. The place where Sukhiya was killed is shown by letter b while the place where dead body of Nandu was found is shown by letter c. Letter b was removed by 216 paces from the place where deceased and witnesses were doing Narai while place c was removed by about 228 paces. It is thus, clear that the places where the deceased persons were belaboured, were removed by more than 200 paces from the place where these two ladies were engaged in doing Narai. It, therefore, follows that these two witnesses had no opportunity to save their husbands as they were assaulted brutally by accused persons at places about 225 paces away from the witnesses and the axe blows were inflicted in succession, one after the other. We must also not forget that all the assailants were armed with deadly weapons and as against this the victims and the witnesses were totally unarmed. In such a situation it is absurd and unrealistic to expect any intervention by the witnesses because if they were to do so, it would have led to some more causalities. It has also to be kept in mind that persons react differently in a similar situation and their reaction may not be uniform even if they witness murders being committed by accused persons. Some become stunned, speechless and stand rooted to the spot, some become hysteric and start wailing, on the other hand there are people who start shouting for help and while others run away for keeping themselves as far away from spot as possible. Some become stunned, speechless and stand rooted to the spot, some become hysteric and start wailing, on the other hand there are people who start shouting for help and while others run away for keeping themselves as far away from spot as possible. There are also persons who are so courageous that they run to the rescue of the victim risking their own life at peril. There is no set rule of natural reaction. To discard evidence of a witnesses on the ground that he did not react in a particularly manner will be to appreciate evidence in a wholly unrealistic manner. 25. It was then submitted that it has come in evidence as admitted by P. W. 1 Smt. Shanti Devi that when villagers had gathered at the scene of occurrence she and Smt. Shyama came back home and stayed therefor whole night. It was urged that this could not be their natural conduct if their husbands had been killed in their presence. Again we do not find any weight in this submission of the learned Counsel for the appellants because it has further come in the evidence that with the killing of three deceased persons no able bodied adult male member was left in the family of these two eye-witnesses. The eldest boy was about 12 years of age. Both the witnesses were weeping and crying on the spot. One can easily visualise the mental conditions of these two ladies, in whose presence their husbands had been butchered and brutally killed. They must be crying and weeping and when the villagers gathered there they must have tried to console and pacify them. It was most likely that the villagers would have thought to remove these two ladies from the scene of occurrence back to their home as early as possible else they would continue to cry and weep if allowed to remain present near corpse of their husbands. We do not think that placed in such circumstances these two rustic and illiterate women committed any serious error in their judgment or acted unnaturally in going back home after leaving the dead bodies of deceased persons on the scene of occurrence in the care and custody of the villagers, who had gathered there. This conduct cannot be regarded as incongruous to dub them as unnatural witnesses. 26. This conduct cannot be regarded as incongruous to dub them as unnatural witnesses. 26. It was further submitted that though as per the first information report the incident was witnessed by many other villagers, who had been attracted to the scene of occurrence during the course of incident, but none of them are produced and therefore, the prosecution is guilty of withholding material and independent witnesses. In her statement before the Court, Smt. Shanti Devi has clearly stated that when the villagers arrived at the scene of occurrence the incident was already over. In any view of the matter non-production of any of the villager does not have any adverse effect on the credibility of these two prosecution witnesses. There could have been several reasons for the villagers to have not come forward to support the prosecution case. It is of common knowledge that in present time unconcerned persons keep themselves away from police and Court proceedings and this kind of apathy of general public is now every where whether in villages, town or cities. The Court therefore, instead of rejecting the prosecution case for want of independent witness should consider the broad spectrum of prosecution version and then search for the nugget of truth. In the present case murders of as many as three persons were committed in broad day light in a most dare devil manner, which must have created an atmosphere of horror and insecurity. This could also be a reason for the villagers in not coming forward to support either party. 27. It was then submitted by the learned Counsel for the appellants that there is serious conflict between medical evidence and ocular testimony of the witnesses. It was argued that as per post- mortem report of Sukhiya injuries No. 2 & 3 were caused by blunt object and none of the witnesses has stated the use of any blunt object during the course of entire incident. Injury No. 2 was a lacerated wound on left wrist posterior aspect while injury No. 3 was described as "right eye contused". Dr. Rajput P. W. 3 in his statement before the trial Court categorically stated that injury No. 2 could be the result of blunt side of axe striking the body of the victim while injury No. 3 could be caused from handle of kulhari or due to haemorrhage from brain. Dr. Rajput P. W. 3 in his statement before the trial Court categorically stated that injury No. 2 could be the result of blunt side of axe striking the body of the victim while injury No. 3 could be caused from handle of kulhari or due to haemorrhage from brain. In a situation where the murderous assault was made upon three deceased by as many as twelve persons and blows were given in succession one after the other it could not be possible for a truthful witness to give any graphic account as to on what particular part of the body of deceased struck the blow or in what particular manner the axe blows were inflicted. Thus, it our opinion there is no inconsistency between medical evidence and the ocular testimony of the eye- witnesses. 28. It was then argued that the first information report of the present case was highly belated in as much as it was lodged on the next morning at 7. 15 a. m. and no attempt was made to lodge the same during night, though the incident had occurred at about six in the evening. As per the chik register, distance of police station from the place of occurrence was 13 km. which distance was covered by Smt. Shanti Devi, P. W. 1 when she proceeded to police station in the next morning. As already pointed out above, it has come in evidence that all the able bodied male members of Smt. Shanti Devis family had been eliminated and no adult male member was left in her family. The husbands of both the ladies who were the only adult male members were murdered in their presence. In such a situation they must have been under a grave shock and grief. It must have taken enough of time for these two ladies to regain their mental equanimity. Moreover, it has also come in evidence that they were threatened by the accused persons that if the matter was reported to police, their entire family would be eliminated. To expect these two ladies to rush to the police station during night hours particularly when small children were left in their home and murders of all the three able bodied male members had been committed in their presence will be too far fetched specially when the police station was situated at a long distance of 13 Km. To expect these two ladies to rush to the police station during night hours particularly when small children were left in their home and murders of all the three able bodied male members had been committed in their presence will be too far fetched specially when the police station was situated at a long distance of 13 Km. In the circumstances we do not find that the first information report was lodged with any delay and if the first information report was lodged in the morning there was nothing extraordinary. We must also hastened to add that the explanation for lodging the first information report in the morning as given by P. W. 1 Smt. Shyama Devi was not assailed in the cross-examination. On the explanation of delay the evidence of P. W. 1 remained unchallenged and therefore, the same has to be accepted. 29. The off quoted observation of Lord Hershell, L. C. in Browne v. Dunn, (1893) 6 The Reports 67, already elucidates the principles underlying the provisions relating to cross-examination. It reads thus: "i cannot help saying, that it seems to me to be absolutely essential to the proper conduct of a cause where it is intended to suggest that a witness is not speaking the truth on a particular point, to direct his attention to the fact by some questions put in cross-examination showing that imputation is intended to be made, and not to take his evidence and pass it by as a matter altogether unchallenged and then, when it is impossible for him to explain, as perhaps he might have been able to do if such question had been put to him, the circumstances which, it is suggested, indicate that the story he tells ought not to be believed to argue that he is a witness unworthy of credit. My Lords, I have always understood that if you intend to impeach a witness, you are bound, whilst he is in the box, to given an opportunity of making any explanation which is open to him, and, as it seems to me, that is not only a rule of professional practice in the conduct of a case, but it is essential to fair play and fair dealing with the witnesses. " 30. " 30. P. W. 1 Smt. Shyama Devi was to cross-examined as to why she did not go to police station during night hours nor her explanation regarding her going to police station in the morning could be demolished or shaken during cross-examination. Thus, in the present case first information report cannot be said to be a belated F. I. R. 31. Lastly, it was urged with vehemence by the learned Counsel for the appellants that once participation of accused Amar Singh and Govind Das for the occurrence in question has been held to be doubtful by the trial Court, it was wrong on the part of Sessions Judge to have convicted appellants on the testimony of those very witnesses, who have not been believed or relied upon in regard to the guilt of the acquitted accused persons. It was urged that these two acquitted persons were also assigned the rule of causing kulhari injuries on the deceased persons like the appellants and there being no distinction between their case and of the appellants, the conviction of the appellants also cannot be upheld. We have closely examined the findings of the learned Sessions Judge whereby the benefit of doubt has been given to appellants Govind Das and Amar Singh. Govind Das has been acquitted on the ground that in the first information report he was said to be armed with a country made pistol and allegation that he fired a shot from the country-made pistol upon Nandu deceased was not substantiated as no fire arm injury was found on the dead body of Nandu. For the first time at the trail the prosecution came with the case that accused Govind Das was also having an axe in addition to country made pistol and he also inflicted axe blows. However, no such case was disclosed in the first information report, Govind Das is son of accused Sewa and he was residing at village jarakhar and not in the village of occurrence. There was a doubt in the mind of the learned Sessions Judge that this accused also possessed axe and had made use of the same. Therefore, as an abundant coution he was extended the benefit of doubt. Similarly, accused Amar Singh has been extended the benefit of doubt and he was resident of different village and was not related to accused Narain or any other accused. 32. Therefore, as an abundant coution he was extended the benefit of doubt. Similarly, accused Amar Singh has been extended the benefit of doubt and he was resident of different village and was not related to accused Narain or any other accused. 32. It is now well-settled that in the matter of appreciation of evidence the powers of the appellate Court are as wide as that of the trial Court. It has full power to review the whole evidence and all the relevant circumstances to arrive at its own conclusion about the guilt or innocence of accused. Where several persons are tried for committing an offence and some of them are acquitted on the ground of benefit of doubt. It is still open to the appellate Court to indirectly or incidentally record a finding that they have been wrongly acquitted, although it has no power to interfere with such acquittal in the absence of an appeal by the State Government. The effect of such finding is not to reverse the order of acquittal into one of conviction or visit the acquitted persons with criminal liability but such a finding can be use for maintaining conviction of others. We cannot also loose sight of the fact that there is a tendency to implicate persons falsely. It is the duty of the Court to separate grain from chaff or in other words truth from falsehood. Therefore, we are unable to accept the submission of learned Counsel for the appellants that once Govind Das and Amar Singh accused persons have been found not guilty by the trial Court the conviction of the appellants also cannot be sustained. However, we further find that appellant Sewa is also entitled to get the benefit of doubt on the same analogy on which accused Amar Singh has been extended the benefit of doubt. Accused Sewa is father of accused Govind Das. He did not belong to the family tree of accused Narain. He is a resident of village jarakhar. He was an old man and it looks to be doubtful that he himself would have taken part in the assault made upon the deceased persons. Thus, as an abundant caution appellant Sewa is also given the benefit of doubt and accordingly he deserves to b e acquitted. 33. For the reasons stated above, Criminal Appeal No. 2406 of 1998 filed by Sewa is allowed. Thus, as an abundant caution appellant Sewa is also given the benefit of doubt and accordingly he deserves to b e acquitted. 33. For the reasons stated above, Criminal Appeal No. 2406 of 1998 filed by Sewa is allowed. His conviction and sentence recorded under Section 302 read with Section 149 I. P. C. are set aside and he is acquitted of the offences charged for. The appellant is on bail. He need not surrender. His bail bonds are cancelled and sureties discharged. 34. Criminal Appeal No. 2407 of 1998 of Radha Charan and Khalak Singh, Criminal Appeal No. 2408 of 1998 of accused Ravi Das and Jagdish and Criminal Appeal No. 1081 of 2000 of accused Narain are however, dismissed and their conviction and sentences as recorded by the learned Sessions Judge are upheld. Appellants Khlak Singh, Ravi Das & Jagdish are in jail. They shall continue to remain there to serve out their respective sentences. Accused Radha Charan and Narain and are on bail. They shall be taken into custody forthwith and sent to jail to serve out their respective sentences. 35. Copy of this order be sent to the Chief Judicial Magistrate, Mahoba for making immediate compliance of the same in accordance with law. Appeal No. 2406/98 allowed rest dismissed. .