Judgment B.N.P.Singh, J. 1. Appellant Afzal Imam under Section 302 of the Indian Penal Code (IPC) and appellants, namely, Md. Anwar, Md. Irshad Mian, Md. Saj-jad, Md. Naushad and Md. Shamshad under Section 302/34, IPC, suffered conviction on being tried by Additional Sessions Judge. Nawadah in Sessions Trial No. 23/56 of 1993 and were Sentenced to suffer rigorous imprisonment for life on these counts. 2. Facts of the case are too short for elaboration. In the night of 9th September, 1992 at about 7 p.m. while Md. Anwar (PW 8) was sitting along with brother Mallik Ayub and Md. Muktasir, Md. Gazee, Md. Halim, Md. Aurangzeb, Md. Sahur and Md. Humanyu, south to the house of Bhattu Pasi, on a pucca road, he noticed appellants emerging from the eastern passage who shortly intercepted deceased Mallik Ayub and the informant. It was alleged that on being exhorted by Md. Naushad that the deceased was instrumental in getting filed a petition for cancellation of licence for a shop of Public Distribution System, which was in name of appellant Anwar, while appellant Afzal Imam took recourse to firing with his licensed gun and pumped bullet in right chest of the deceased. Naushad and Shamshad too took recourse to firing, though, the aim was lost. It was alleged that when the deceased dropped to the ground, Anwar dealt a saif blow on his head and similar accusations were attributed to Md. Irshad and Sajjad about giving blows on the deceased, when he dropped to the ground, with their weapons which they held. It was also alleged that after an alarm was raised and villagers flocked to the place of occurrence, appellant Afzal Imam took to his heels throwing the fire-arm held by the him and with these narrations, fardbeyan of Md. Anwar (PW 8) was recorded at Pakaribarawan Police Station at 9.30 hours on 9.9.1992 which forms basis of the first information report drawn up at about 10 p.m. on the same day. Investigation commenced and during pendency of investigation, the Investigating Officer took all requisite steps for recording statements of witnesses, making seizure of incriminating objects including blood-stained earth from the place of occurrence, seizure of two empty shells of cartridges and also the licensed gun of Afzal Imam. Investigation commenced and during pendency of investigation, the Investigating Officer took all requisite steps for recording statements of witnesses, making seizure of incriminating objects including blood-stained earth from the place of occurrence, seizure of two empty shells of cartridges and also the licensed gun of Afzal Imam. The I.O., on receipt of post-mortem report and also holding inquest, laid charge-sheet before the Court and appellants on being committed to the Court of Session were eventually put on trial. In the eventual trial, the prosecution examined altogether 12 witnesses and the trial Court placing implicit reliance on the testimony of these witnesses, whom it considered to be credible, rendered verdict of guilt against the appellants and sentenced them in the manner stated above. 3. Now. adverting to the evidences adduced on behalf of the State, one would find Md. Anwar (PW 8) who happened to be the person who set the police in motion, reiterating his early version which he rendered before the police about the appellants emerging from the eastern lane, when appellant Afzal Imam took recourse to firing and pumped bullet in the right chest of the deceased when he dropped to the ground. Accusations about appellant Irshad dealing blow with a sharp edged weapon on the back and appellant Sajjad and Anwar dealing blows with saif on the head of the deceased were also narrated in the evidence which he rendered before the Court. Though it was the hour of evening, he claimed to have witnessed the incident in the moonlit night. Similar narrations were made by Md. Auranzeb (PW 2) about appellant Afzal Imam having opened fire causing gun shot injuries to Ayub and appellants Sajjad and Anwar dealing blows with saif on the head of the deceased. Accusation about giving blows with sharp edged weapon on the back of the deceased was also attributed by PW 2 in his evidence. The evidence of Md. Gazi (PW 3) was in tune with the evidences of these two witnesses about the role assigned to appellants Afzal Imam, Irshad, Sajjad, and Anwar. He too. with the tune of the prosecution version would state about appellant Naushad and Shamshad taking recourse to firing ostensibly with an object to cause bodily injury to Ayub but the evidences do suggest that the aim was lost. Dr. He too. with the tune of the prosecution version would state about appellant Naushad and Shamshad taking recourse to firing ostensibly with an object to cause bodily injury to Ayub but the evidences do suggest that the aim was lost. Dr. Washim Haider (PW 4) was a witness of the seizure of blood stained earth and also the licensed gun of appellant Afzal Imam. Narration made by Md. Shahud Alam (PW 5) about appellant Naushad exhorting other appellants to liquidate Ayub was also with the tune of the early version of the prosecution. He would further state that while appellant Afzal caused gun shot injuries to the deceased, both Sajjad and Anwar dealt saif blows on his head. About appellant Irsad, he would state that he dealt blows with garassa on the back of the deceased. About appellants Naushad and Shamshad, similar narrations were made by this witness about they having taken recourse to firing, though there is no accusation that Ayub suffered fire arm injuries at their hands. Abdul Halim (PW 6) would state in conformity with other witnesses about the appellants emerging from the eastern lane, intercepting Anwar with the deceased, following which appellant Afzal caused gun shot injuries to the deceased which was followed by blows with short edged weapon by appellant Sajjad and Anwar. Narrations were made that appellant Irshad too dealt blows with sharp edged weapon on the back of the deceased while shots fired by appellants Naushad and Shamshad did not cause injuries to the deceased. He too claimed to have identified the appellants in the moonlit night. Binod Kumar Singh (PW 9) was a constable attached to Pakaribarawan Police Station who produced seized gun, blood- stained earth, empty shells of cartridges and also the pellets seized by the Investigating Officer during investigation. Manoj Kumar Pathak (PW 10) attached to Nawadah Police line, would state to have found the licensed gun functional by which appellant Afzal is stated to have opened fire. Chandra Prakash (PW 11) happened to be the Police Officer who carried out investigation of the case. Manoj Kumar Pathak (PW 10) attached to Nawadah Police line, would state to have found the licensed gun functional by which appellant Afzal is stated to have opened fire. Chandra Prakash (PW 11) happened to be the Police Officer who carried out investigation of the case. His evidence was that at about 10 p.m. in the night when he was on patrolling duty, on receipt of secret information about there being incident of firing in the village Rayees, he visited village Rayees and recorded fardbeyan of Anwar at 9.30 p.m., He came back to the Police Station and drew first information report and twice visited the place of occurrence with an object to carry out investigation of the incident. He stated to have visited the place of occurrence, seized double barrel gun from the graveyard, two empty shells of cartridges and also blood stained earth, for which corresponding seizure lists were prepared by him. He stated to have received inquest report of the deceased from Nawadah, and subsequently he also received post-mortem report of the deceased. The place of occurrence which situate in village Rayees. was near the house of Bhattu Passi and it was a pucca road which lies in the midway of Pakribarawan and village Rayees. He found an Imli tree at about 50 yards from the place of occurrence and the house of Bhattu Pasi situated at a distance of 20 feet from the pucca road, which was the place of occurrence, and sought to it was a graveyard. Bandu Sao (PW 12) was attached to Nawadah Police Station. He stated to have prepared inquest report with descriptions of the injuries noticed on his person. in presence of PW 1 Muntazeer Ahmad and PW 3 Md. Gazi. This is all the evidence that has been adduced on behalf of the State to bring home charges against the appellants. 4. Bandu Sao (PW 12) was attached to Nawadah Police Station. He stated to have prepared inquest report with descriptions of the injuries noticed on his person. in presence of PW 1 Muntazeer Ahmad and PW 3 Md. Gazi. This is all the evidence that has been adduced on behalf of the State to bring home charges against the appellants. 4. The findings recorded by the trial Court was sought to be assailed by the learned counsel for the appellants on a number of grounds and it is sought to be urged that though the Investigating Officer stated to have left the Police Station at 10 p.m., shortly on receipt of information about incident on killing of a person in village Rayees, it is unusual to find that fardbeyan was recorded at 9.30 p.m. Contentions were raised that from the mode of writing on the fardbeyan, and cannot help feeling that signature of the witnesses were obtained on a plain piece of paper which was subsequently written to suit the purpose of the prosecution, only on receipt of the post-mortem report from Nawadah. In quick succession, it is sought to be urged that if the fardbeyan was taken to the true on the face value, even though there was no allegation about there being exchange of abuses between the parties and any of the appellants hurling lathi blows on the deceased, it was most unusual to find such narration made in the body of fardbeyan with insertions of corresponding sections of IPC which are not in conformity with the accusations which have been attributed to the appellants in the fardbeyan of PW 8, and with these arguments, learned counsel would urge that though the fardbeyan was in conformity with the post- mortem report, the latter was in sharp conflict with the inquest report, as there was no narration in the inquest report about the deceased having sustained incised injuries on his person and thus the learned counsel would urge that fardbeyan was a tainted document which was brought on record by antedating and fabricating. Identity of the place of occurrence, it is urged by the learned counsel, was also in controversy, as though a large number of witnesses were narrating before the Court that the deceased sustained injuries on the kachcha part of the road, the I.O. would state that the place of occurrence was a pucca road which comes from Pakribarawan Police Station and goes towards village Rayees. Counsel would also raise grievance about non- examination of the persons residing in the vicinity of the place of occurrence and reliance on this score was placed on the testimony of the witnesses who were narrating about number of houses to be there besides the house of Bhattu Pasi. Learned counsel would urge that though the deceased is shown to have been brought from the place of occurrence to the Primary Health Centre, shortly on sustaining injuries on his person, it was most unlikely that the doctor would attend him without receipt of O.D. slip from the police station. Contentions were raised that statements of the witnesses too suffer serious contradictions apart from embellishments that were sought to be introduced in the prosecution version, as even though there was no accusation about appellant Afzal Imam taking recourse to firing twice, the witnesses were stating before the court that while retreating from the place of occurrence, appellant Afzal Imam took recourse to firing twice, probably to scare the public which collected there. 5. Notwithstanding these staunch criticisms, we find that narrations made by those who claimed to be ocular witnesses to the incident, strike complete coherency. Their version with minor variations, which are apt to occur, was in complete conformity with the early version of informant Anwar which he rendered before the police to set the latter in motion. The thrust of the prosecution case was about the appellants emerging from the eastern passage, intercepting the deceased with Anwar, when appellant Afzal took recourse to firing followed by appellants Sajjad and Anwar giving blows with Saif on his right chest. Appellant Irshad too, as has been discussed above has been attributed with the allegation of giving blows with garassa on the back of the deceased. The doctor who carried out autopsy, had noticed corresponding injuries on the person of the deceased, as apart from there being gun shot injuries, there were also incised wounds on his person. Appellant Irshad too, as has been discussed above has been attributed with the allegation of giving blows with garassa on the back of the deceased. The doctor who carried out autopsy, had noticed corresponding injuries on the person of the deceased, as apart from there being gun shot injuries, there were also incised wounds on his person. As was the evidence of the doctor, there was charred margin into inner deep muscle caused by gun shot injury and for the said injury appellant Afzal Imam was suggested to be the author. The doctor also noticed one incised wound of muscle deep over right side back for which appellant Irshad was said to be the author. The doctor also noticed incised wound of bone deep over right parietal region of head for which appellant Sajjad and Anwar were suggested to be the authors. True it is that narration made by the witnesses about appellant Afzal Imam having taken recourse to firing twice while retiring from the place of occurrence was conspicuously wanting in the earlier version of the prosecution which was rendered before the police, but since no one is suggested to have sustained injuries by resorting to firing by appellant Afzal while retiring from the place of occurrence, even if it is taken to be not in conformity with the prosecution version, that would not lose its corroborative value. There were corroborative evidences of the witnesses that they witnessed firing resorted to by the appellants, for which appellant Afzal was suggested to have taken recourse to firing twice while appellants Naushad and Shamshad too were shown to have taken recourse to firing and hence the narration made by the witnesses were in conformity on this count. As for appellant Afzal Imam. PWs 1 and 2 had been narrating before the Court that he fired from a very close range and it is not unlikely that the deceased is shown to have sustained lacerated wound with charred margin. Now adverting to the criticisms levelled by the learned counsel assailing the findings recorded by the trial Court and also to impeach the credibility of the witnesses, this fact cannot be lost sight of that shortly after the incident took place at 7 p.m. the injured was taken to the Primary Health Centre, Pakribaravan. As the doctor attending him found his condition to be critical, he referred him to Nawadaha hospital. As the doctor attending him found his condition to be critical, he referred him to Nawadaha hospital. The inquest repot without loss of time was prepared at about 8 p.m. on the same day and the fardbeyan of informant Anwar was recorded at 9.30 p.m. shortly thereafter, the Investigating Officer visited village Rayeesa on receipt of incident about firing. The grievance of the learned counsel is that though the fardbeyan along with FIR was despatched by Pakaribarawan Police Station to the office of the Chief Judicial Magistrate on 9th September, 1992, it was most unlikely that it would be received in office of the latter after a lapse of five days. Lower Court records do bear fact that the first information report was received on 14th September. 1992. Considering this delay in receipt of the first information repot in the office of the Chief Judicial Magistrate, the learned counsel for the appellants would urge that in fact the first information report was not despatched to the office of the Chief Judicial Magistrate on 9th September, 1992 and the time of five days was taken by the police to introduce some distorted version to suit the purpose of the prosecution. However, we find that the fardbeyan on Anwar was recorded with all promptness and investigation too, commenced shortly on receipt of information of the incident, and in this backdrop, for mere fact that the copy of the first information report was not received in the office of the Chief Judicial Magistrate before lapse of five days, no conclusion can be drawn that the first information report was fabricated or ante-dated, and reliance on this score can be placed on a decision of the apex Court in the case of Madru Singh and others V/s. State of Madhya Pradesh, AIR 1997 SC 3527 . In view of the action of the I.O. which he took promptly on receipt of the information, there would be no escape from conclusion that the investigation commenced shortly after receipt of the incident. Much stress was laid on the recitals made in the in question report, there being no narration about deceased sustaining injury with sharp edged weapon. In view of the action of the I.O. which he took promptly on receipt of the information, there would be no escape from conclusion that the investigation commenced shortly after receipt of the incident. Much stress was laid on the recitals made in the in question report, there being no narration about deceased sustaining injury with sharp edged weapon. But this fact cannot be lost sight of that neither the witnesses on whose statement the inquest report was prepared nor the police officer, who was the author, had any expertise to mention the nature of injuries which they noticed on the person of the deceased and hence the contention raised on behalf of the appellants about the first information report being a tainted and fabricated document does not appear to reason and has to be dismissed. 6. Though the prosecution was also suggested to have introduced distorted version about the place of occurrence, the Investigating Officer has found blood on the flank of the pucca road and admittedly that must be stated to be the place of occurrence where the incident took place and the said place situates besides the house of Bhattu Pasi, Mere insertion of some sections of IPC in the body of the first information report would not dilute the corroborative value of the fardbeyan which was rendered by the informant. Though the witnesses were narrating that the injured was carried to Primary Health Centre. Pakribarawamn, for treatment, and also that there is evidence that the doctor attended him without receipt of any O.D. slip from the police, but for lapses on part of the Investigating Officer or the doctor, the prosecution cannot be a casualty. As has been urged on behalf of the appellants, witnesses are either directly or remotely related to the deceased. However, the witnesses had been narrating before the Court that respondents of the vicinity of the place of occurrence were not available in their houses and the houses were locked. That apart, the apathy of even law abiding citizens in reporting outrage to the police, to which they are witnesses, is too notorious to merit consideration, and merely because the witnesses had not reported the incident to the Police on their own motion, it could not follow that they were not narrating truth before the Court. That apart, the apathy of even law abiding citizens in reporting outrage to the police, to which they are witnesses, is too notorious to merit consideration, and merely because the witnesses had not reported the incident to the Police on their own motion, it could not follow that they were not narrating truth before the Court. True it is that evidence of I.O. about seizure of the double barrel gun outside the graveyard was not in conformity with the statement of the witnesses who stated its seizure from the graveyard itself, but these are matters of petty details which do not befog the real issue. Similarly, there being no findfng of the chemical analyst about the blood stained earth to be human blood was not such a factor which militates against bona fide of the prosecution case, particularly when narrations made by the witnesses did appear to be quite probable and presence of these witnesses cannot be open to question. It is not unusual in the villages that people assemble at places in the evening hours to chat. The witnesses did not come from other places and were residing in the village itself and hence their presence at the place of occurrence was quite probable. 7. About motive that has been assigned by the prosecution, it was stated on behalf of the appellants that once the motive has been assigned by the prosecution, it was obligatory to prove it. It is urged that though genesis of the occurrence was suggested to be fall out of filing of an application for cancellation of licence for a shop of Public Distribution System in no way it was concerned with appellants. Though this argument appears to be quite attractive but that too merits rejection for the simple reason that when the statement of the witnesses were direct and cogent suggesting happening of the occurrence in a particular manner, the matter of motive was quite academic and absence of motive would not frustrate the object. True it is that there were some variations in the statement of the witnesses which they rendered before the police, but that did not appear to be material to discard the evidence of the witnesses which appears to be convicting on material particulars and these were not such matters which will affect the broad feature of the prosecution case. True it is that there were some variations in the statement of the witnesses which they rendered before the police, but that did not appear to be material to discard the evidence of the witnesses which appears to be convicting on material particulars and these were not such matters which will affect the broad feature of the prosecution case. Though appellants Naushad and Shamshad were not suggested to be the assailants and the only accusations attributed to them was that they too took recourse to firing, though the deceased did not sustain injuries by the firing restored to by them, the evidence placed on record do conclusively suggest about their arrival at the place of occurrence with other appellants and rightly in that view of the matter they have been found guilty for the offence under Section 302/34, IPC. 8. Having given our anxious and deepest consideration to the facts and circumstances of the case and also evidences of the witnesses placed on the record, we find that the evidences placed on record have been meticulously appreciated by the trial Court and hence the findings recorded by the trial Court do not require interference. Both these appeals are thus dismissed. Bail bonds of appellants Md. Anwar alias Anwar, Md. Irshad Mian alias Chhotu, Md. Sajjad alias Bholu, Md. Naushad alias Naso and Md. Shamshad Mian alias Samo are cancelled and they are directed to surrender forthwith. Trial court shall also take all coercive steps for their apprehension and put them in custody to serve out the sentences. R.N.Prasad, J. 9 I agree.