M. CHAUDHARY, J. This is an appeal from judgment and order dated 19-7-1984 passed by Vth Additional Sessions Judge, Hamirpur in Sessions Trial No. 343 of 1980, State v. Siddha, convicting the accused under Section 302 IPC and sentencing him to imprisonment for life thereunder. 2. Brief facts giving rise to this appeal are that at about 5 : 15 p. m. on 9th of September, 1980 Shiv Vishal Dwivedi lodged an FIR at police station Rath District Hamirpur alleging that very evening he alongwith his maternal grand-father Shambhu Nath Shukla was going back from the market; that on the way at about 4. 30 p. m. he had a little talk with Madho Prasad and Veer Pratap at the betel shop situate near the dharamshala and then proceeded towards their house; that they had stepped forward about 25-30 paces and he was going 4-5 paces ahead from Shambhu Nath Shukla when he heard sound of a shot and that immediately he turned back and saw Siddha running away holding countrymade pistol towards the petrol pump and Shambhu Nath Shukla falling by his face down on the road side and fresh blood oozing from the injury on his back. Immediately Shiv Vishal Dwivedi with the help of Madho Prasad and Veer Pratap took injured Shambhu Nath Shukla on a push cart to the Hospital but as they reached at the gate of the Hospital Shambhu Nath Shukla succumbed to the fatal injuries sustained by him. Then Shiv Vishal Dwivedi alongwith Madho Prasad and Veer Pratap taking Shambhu Nath Shukla the deceased on the push cart went to the police station and handed over written report of the occurrence to the police there (Ext. Ka-1 ). He also mentioned in the written report handed over at the police station that there was long standing enmity between Shambhu Nath Shukla on one hand and Dhani Ram Dwivedi, father of Siddha on the other as there had been murders of their relations on both the sides. The police registered a crime against the accused under Section 302 IPC and made entry in the general diary regarding registration of the crime accordingly (Ext. Ka-2 and Ka-3 ). 3. The police registered a crime against the accused under Section 302 IPC and made entry in the general diary regarding registration of the crime accordingly (Ext. Ka-2 and Ka-3 ). 3. SI Kripal Kureel to whom investigation of the crime was entrusted drew inquest proceedings on the dead-body of Shambhu Nath Shukla kept on the push cart in front of the police station itself and prepared the inquest report (Ext. Ka-4) and other necessary papers relating thereto (Ext. Ka-5 and Ka-6 ). Then he handed over the dead-body in a sealed cover alongwith necessary papers to the constables for being taken to the mortuary for its post-mortem. He also inspected the place of occurrence and prepared its site plan map (Ext. Ka-11 ). He collected blood stained and simple earth from the place of occurrence and sealed them in two separate packets and prepared their memo (Ext. Ka-12 ). He also prepared memos of the blood stained clothes found on the dead-body and shoes (Exts. Ka-7 and Ka-8 ). The Investigating Officer also recorded statements of the witnesses and did other necessary things. 4. Autopsy conducted on the dead-body of Shambhu Nath Shukla by Dr. P. K. Srivastava, Medical Officer District Hospital, Hamirpur revealed an ante-mortem gun shot wound of Entry 2 cm x 2 cm on right side of back 4 cm below superior angle of right scapula. The doctor also recovered five pellets palpable in right side chest around right nipple in an area of 9 cm x 5 cm communicating to Injury No. 1. The autopsy also revealed one ante-mortem abrasion on outer angle of left eye and three ante-mortem abrasions on left side of forehead in an area of 9 cm x 3 cm. On an internal examination right pleura was found lacerated and congested and two and a half pound of blood with clots present in right side chest cavity, and the doctor removed two was pieces therefrom. The doctor opined that the death was caused due to shock and haemorrhage as a result of ante-mortem fire-arm injury about 18 hours ago. 5. After completing the investigation the police submitted charge-sheet against the accused. 6. It appears that the Investigating Officer also got blood stained clothes and earth sent to Forensic Laboratory Agra for the Serologists opinion. The doctor opined that the death was caused due to shock and haemorrhage as a result of ante-mortem fire-arm injury about 18 hours ago. 5. After completing the investigation the police submitted charge-sheet against the accused. 6. It appears that the Investigating Officer also got blood stained clothes and earth sent to Forensic Laboratory Agra for the Serologists opinion. It was reported by the Serologist that the blood and stained clothes contained human blood and that the blood stains on shoes and earth were disintegrated (Ext. Ka-16 ). 7. After framing of the charge against the accused the prosecution examined Shiv Vishal Dwivedi (P. W. 1) and Veer Pratap (P. W. 2) as eye-witnesses of the occurrence. P. W. 1 Shiv Vishal Dwivedi, son of the deceaseds daughter and the first informant stated in his deposition all the facts from the beginning to the end as narrated above; and P. W. 2 Veer Pratap corroborated him stating likewise. Testimony of the remaining witnesses examined by the prosecution is more or less of formal nature. P. W. 3 H. C. Shyam Lal Dixit who prepared check report on the basis of the written report handed over to him by Shiv Vishal Dwivedi at the police station and made entry regarding registration of the crime in the general diary has proved these papers (Exts. Ka-2 and Ka-3 ). P. W. 4 SI Kripal Kureel who investigated the crime has proved the police papers. P. W. 5 Dr. P. K. Srivastava Medical Officer who conducted autopsy on the dead-body of Shambhu Nath Shukla has proved the post-mortem report (Ext. Ka-15) stating that the ante-mortem injuries found on the dead-body were sufficient to cause his death in ordinary course. 8. The accused denied the prosecution case altogether stating that he has been got implicated in the case falsely on account of enmity. 9. On an appraisal of the parties evidence and after hearing the parties Counsel the learned Additional Sessions Judge recorded conviction of the accused under Section 302 IPC sentencing him to imprisonment for life thereunder. 10. Feeling aggrieved by the impugned judgment and order the accused appellant preferred this appeal for redress. 11. None appeal on behalf of the appellant though he is represented on record by Sri Sanjiv Ratan and Sri Amar Saran Advocates. We heard learned AGA for the State. The appeal is being decided on merits. 12. 10. Feeling aggrieved by the impugned judgment and order the accused appellant preferred this appeal for redress. 11. None appeal on behalf of the appellant though he is represented on record by Sri Sanjiv Ratan and Sri Amar Saran Advocates. We heard learned AGA for the State. The appeal is being decided on merits. 12. We have gone through the record and evidence and after hearing the learned AGA we deal with the important aspects of the matter having bearing on the case as given below : 13. Firstly, the occurrence took place on 9th of September, 1980 at about 4. 30 p. m. near the dharmshala in town Rath District Hamirpur and the FIR was lodged by Shiv Vishal Dwivedi, son of deceaseds daughter at the police station Rath at about 5:15 p. m. Police Station Rath is situate at a short distance from the place of occurrence, and the Hospital is situate on the way to the police station. It has come in evidence that after sustaining the fatal injury Shambhu Nath Shukla fell down on the roadside. He was put on a push car and rushed to the Hospital but on reaching at the gate of the Hospital he succumbed to the fatal injury sustained by him. Immediately Shiv Vishal Dwivedi scribed report of the occurrence and then he accompanied with Madhov Prasad and Veer Pratap taking Shambhu Nath Shukla, the deceased on the same push cart went to the police station where Shiv Vishal Dwivedi handed over written report of the occurrence to the police at about 5:15 p. m. Thus the FIR of the case was lodged at the police station without losing any time so promptly that virtually there was no time for any deliberations or confabulation in order to spin out a false story. A perusal of the FIR goes to show that it was quite spontaneous and natural; and the FIR being spontaneous and natural lodged at the Police Station with promptitude lends valuable corroboration to the ocular evidence furnished by the prosecution. 14. Secondly, being a case of direct evidence motive is not of much significance. Still the prosecution has brought on the record the previous background savouring enmity between the parties. The fact of old enmity also finds mention in the FIR. 14. Secondly, being a case of direct evidence motive is not of much significance. Still the prosecution has brought on the record the previous background savouring enmity between the parties. The fact of old enmity also finds mention in the FIR. P. W. 1 Shiv Vishal Dwivedi, son of the deceaseds daughter deposed that some 15-16 years prior to the occurrence Sri Prakash, son of the deceased was murdered and Chhakkum and Bhaiyadin nephews of Dhani Ram were prosecuted therefor and that case ended in their conviction. He further stated that some two years prior to the murder of Shambhu Nath, Chainu @ Charandas son of Dhani Ram was murdered and Kailash, son of Shambhu Nath, the deceased was prosecuted for that murder but that case ended in his acquittal and that in both the cases pairvi was done by Shambhu Nath in the former case for the prosecution and in the latter case for his son Kailash. Since Kailash, son of Shambhu Nath was prosecuted for the murder of Chainu @ Charandas, brother of accused Siddha and was acquitted, that in our view constituted sufficient motive for the crime in question. 15. Since Kailash, son of Shambhu Nath was prosecuted for the murder of Chainu @ Charandas, brother of accused Siddha and was acquitted, that in our view constituted sufficient motive for the crime in question. 15. Thirdly, P. W. 1 Shiv Vishal Dwivedi, son of the deceaseds daughter and the first informant narrated all the facts of the incident deposing succinctly that the alleged evening when he and Shambhu Nath were going back from the market to their house Madho Prasad and Veer Pratap met them at betel shop abutting the dharamshala; that Shambhu Nath talked to them for a little while and then both of them proceeded towards their house; that he was going on his left side on the road a few pace ahead from his maternal grand father Shambhu Nath who was proceeding on his right side on the road; that all of a sudden he heard the sound of a shot and as he turned back he saw Siddha running holding a countrymade pistol towards the petrol pump of Beni Madhav and then he saw Shambhu Nath stumbling and falling down on the road side; that in the meanwhile Veer Pratap and Madho Prasad reached there and that then he with the help of Veer Pratap and Madho Prasad placed Shambhu Nath on a push cart standing nearby and took him to the Hospital but by the time they reached the Hospital Shambhu Nath succumbed to the fatal injury sustained by him. P. W. 2 Veer Pratap corroborated him stating likewise and deposing that at about 4:30 p. m. on 9th of September, 1980 he alongwith Madho Prasad was standing at the betel shop adjoining the dharamshala when Shambhu Nath and Shiv Vishal Dwivedi passed thereby and he had a talk with Shambhu Nath for a little while and both of them proceeded towards their house, that in the meanwhile Siddha reached there and took out a countrymade pistol from his purse and fired a shot at Shambhu Nath and sustaining the fire-arm injury he walked 4-5 steps unsteadily and fell down on the road side and that in the meanwhile Siddha succeeded in making his escape good. Both these witnesses were subjected to searching and gruelling cross-examination but nothing useful to the accused could be elicited therefrom. Both these witnesses were subjected to searching and gruelling cross-examination but nothing useful to the accused could be elicited therefrom. No doubt P. W. 1 Shiv Vishal Dwivedi is related to the deceased and P. W. 2 Veer Pratap closely associated with Kailash, son of the deceased but their testimony cannot be discarded merely because one of them is a related witness and the other closely associated if on close scrutiny their testimony is found to be above reproach of suspicion. There is apparently no reason to doubt the testimony of both these witnesses nor the trial Court which had opportunity to watch the demeanour of these witnesses castigated their testimony in any manner. Moreover, if the witness is related to the deceased it would add to the value of his evidence, if found reliable because he would naturally be interested in ensuring that the real culprit is punished and not screened. 16. Fourthly, it may be said that it is a case of broad daylight murder and the incident was witnessed by many persons present at the shops situate nearby but no independent witness was examined. No doubt it would have been better and desirable if the prosecution would have examined any of the independent witnesses; but non-examination of any of them would not cause any ripple affecting the case. Once the evidence of the two eye-witnesses examined by the prosecution is believed the infirmities arising out of non-examination of independent witness would not go to demolish or produce an element of doubt in the prosecution case. Moreover, it is a matter of common experience and knowledge that generally the people keep themselves away from the Courts unless it is inevitable as they do not want to invite trouble for themselves. 17. Thus the testimony of two eye-witnesses corroborated by prompt FIR and medical evidence on the record form a sturdy basis for conviction of the accused. 18. For the foregoing discussion, we find ourselves in agreement with the finding of guilt recorded by the learned trial Judge against the accused appellant. The accused appellant has rightly been convicted under Section 302 IPC for the murder of Shambhu Nath and sentenced to imprisonment for life thereunder. 19. The appeal is therefore, dismissed. Conviction of the accused appellant under Section 302 IPC and sentence of life imprisonment awarded thereunder are affirmed. He is on bail. The accused appellant has rightly been convicted under Section 302 IPC for the murder of Shambhu Nath and sentenced to imprisonment for life thereunder. 19. The appeal is therefore, dismissed. Conviction of the accused appellant under Section 302 IPC and sentence of life imprisonment awarded thereunder are affirmed. He is on bail. He shall be arrested and lodged in the Jail to serve out the sentence imposed upon him. 20. The office shall send copy of the judgment alongwith the record to the lower Court to ensure compliance under intimation to this Court within two months. Appeal dismissed. .