K. N. OJHA, J. Jagpal Dhaka and Rajbir have preferred this appeal against judgment and order dated 21-4-80 passed by learned Sessions Judge, Ghaziabad in Session Trial No. 181 of 1978, State v. Jagpal Dhaka and two others, by which Jagpal has been convicted under Sections 394, 397, 302 I. P. C. and has been sentenced to undergo rigorous imprisonment of 5 years, 7 years and life imprisonment respectively. Rajbir has been convicted under Sections 394, 397, 302 read with 34 I. P. C. and Section 324 I. P. C. and has been sentenced to undergo rigorous imprisonment of 5 years, 7 years, life imprisonment and 2 years respectively. The sentences are to run concurrently. 2. Jagpal Dhaka, Rajbir, Ravindra and Ranvir were facing trial before the Sessions Judge. Ranvir died when the trial was pending before Sessions Judge and Ravindra died during pendency of the connected appeal No. 1080/80. Therefore, case stood abated against Ranvir and Ravindra. 3. In this case Prem Prakash P. W. 5 lodged F. I. R. against Jagpal Dhaka, Rajbir, Ravindra and Ranvir on 23- 5-78 at 11. 20 p. m. at police station Modinagar, district Ghaziabad for committing murder of Rajendra, son of informant and causing injuries to Satya Prakash and Brijesh Kumar on 23-5-78 at 10. 15 p. m. infront of Degree College Modinagar which is at the distance of 1 1/2 Km. from the police station. 4. According to prosecution, Prem Prakash resident of Modinagar lodged F. I. R. against appellants and two others containing the fact that it was in the night of 23-5-78 at 10. 15 p. m. when Rajendra Kumar son of informant Prem Prakash was counting money of sale of his factory. Jagpal Dhaka, Rajbir, Ravindra and Ranvir all of a sudden came there, there were knives in the hands of Jagpal Dhaka and Rajbir and Ravindra had pistol. Jagpal Dhaka dragged down Rajendra from Gaddi and Rajbir took the cash. Rajendra resisted and raised alarm, on which Satya Prakash, Brijesh Kumar and Nand Kishore reached there. Jagpal Dhaka caused injuries with knife to Rajendra Kumar who died on the spot. Ranvir caused injury with knife to Satya Prakash, Rajbir caused injury with knife to Brijesh. Nand Kishore tried to apprehend these persons and thrashed lathi on the accused persons. The accused persons escaped successfully. Jagpal Dhaka caused injuries with knife to Rajendra Kumar who died on the spot. Ranvir caused injury with knife to Satya Prakash, Rajbir caused injury with knife to Brijesh. Nand Kishore tried to apprehend these persons and thrashed lathi on the accused persons. The accused persons escaped successfully. Prem Prakash, father of the deceased lodged F. I. R. at police station and thereafter Brijesh Kumar son of Satya Prakash was medically examined on 23- 5-78 at 11. 45 p. m. and following injuries were found: (1) Incised wound on left thigh upper part on anterior lateral aspect vertically placed with clear-cut margins measuring 1/2 " x 3/4 " muscle deep. Muscle protruding from wound, fresh bleeding was present. (2) Stab wound 2 1/2" above injury No. 1 measuring 1" x 3/4", depth not probed, fresh bleeding was present. (3) Stab wound over left back 1" lateral to midline vertically placed at level of vertibra measuring 1/2" x 1/2", depth not probed, fresh bleeding was present. (4) Stab wound right wrist joint lateral side posterior part measuring 2" x 3/4" depth. Fresh bleeding was present. 5. Injuries of Brijesh Kumar were fresh and in the opinion of the doctor injuries were caused by sharp edged and penetrating object. 6. Satya Prakash was also medically examined in Medical College Meerut on 24-5-78 at 12. 15 a. m. and following injuries were found on his body. (1) Incised wound 6 cm x 1. 5 cm x scalp deep on left side head 8 cm above the left ear. (2) Incised wound 8 cm x 2. 5 cm x muscle deep on right side chest near the nipple. (3) Incised wound 9 cm x 3 cm muscle deep on inner aspect of right upper arm 6 cm. below ankle. (4) Incised wound 9 cm x 3 cm muscle deep on the back of right upper arm middle. (5 ). Incised wound 5 cm x 2. 5 cm x muscle deep on the back of right forearm lower third. (6) Traumatic swelling 4 cm x 4 cm on inner aspect of right forearm middle third. (7) Incised wound 3 cm x 5 cm x muscle deep on the palmer aspect of right hand near thumb. (8) Incised wound 3 cm x 1 cm x skin deep on the back of left little finger near its root. (6) Traumatic swelling 4 cm x 4 cm on inner aspect of right forearm middle third. (7) Incised wound 3 cm x 5 cm x muscle deep on the palmer aspect of right hand near thumb. (8) Incised wound 3 cm x 1 cm x skin deep on the back of left little finger near its root. (9) Abrasion 2 cm x 1 cm on the front of left knee. 7. In the opinion of doctor injury Nos. 1, 2, 3, 4, 5, 7 and 8 were caused by sharp edged weapon and injury No. 6 was caused by blunt object. Injury No. 9 was of friction. 8. Post-mortem examination on the dead body of Rajendra was done on 24-5-78 at 3. 30 p. m. in mortuary of District Hospital Meerut. In the opinion of doctor, he was aged about 35 years. Rigor mortis was present all over the body. There was no decomposition. Following ante mortem injuries were found on the dead body: - (1) Incised wound 10 cm. x 3 cm. x muscle deep on other aspect of right neck 1/2 cm. below the right ear. (2) Abrasion 1 cm. x 1 cm. on the front of left knee. (3) Abrasion 3 cm. x 1 cm. on right side forehead. (4) Multiple abrasion in an area of 5 cm. x 2. 5 cm. on the nose. (5) Incised wound 3. 5 cm. x 1 cm. x muscle deep on the back of upper arm. (6) Abrasion 4 cm. x 3 cm. on the right side back middle part. 9. 150 gm. digested food was found in the stomach. There were gases in small intestine and faecal matter in large intestine. In the opinion of the doctor death was due to shock and haemorrhage as a result of ante mortem injuries. 10. During investigation inquest report was prepared. Blood stained and plain earth was taken and sent to chemical examiner for report, who submitted report that blood was found on shirt, Baniyan, Pyjama etc. After recording statement under Section 161 Cr. P. C. and preparing site plan, charge-sheet was submitted against accused Jagpal Dhaka, Rajbir, Ravindra and Ranvir. During the pendency of the session trial Ranvir died and order of conviction was passed against the three accused and Ravindra died during the pendency of connected appeal No. 1080/80. After recording statement under Section 161 Cr. P. C. and preparing site plan, charge-sheet was submitted against accused Jagpal Dhaka, Rajbir, Ravindra and Ranvir. During the pendency of the session trial Ranvir died and order of conviction was passed against the three accused and Ravindra died during the pendency of connected appeal No. 1080/80. Therefore, appeal of Jagpal Dhaka and Rajbir is pending before this Court. 11. Though Jagpal Dhaka and Rajbir were represented on record by Sri A. K. Saxena, Advocate, none appeared to advance arguments for the appellants. Hence the arguments of Sri Shekhar Yadav, learned Additional Government Advocate were heard and judgment is being delivered on merits. 12. In this case F. I. R. was lodged promptly within about one hour after the occurrence by name by the father of the deceased Rajendra. The contents written in the F. I. R. have been corroborated by eye witness P. W. 1 Satya Prakash, father of the deceased, who is injured also and another injured witness P. W. 2 Brijesh son of Satya Prakash. Another eye witness P. W. 3 Nand Kishore who is resident of adjoining house, reached the spot during the occurrence. P. W. 5 Prem Prakash also is eye witness who has fully supported the facts mentioned in the F. I. R. These witnesses have stated that when Rajendra was counting his cash these persons reached there. Jagpal Dhaka and Rajbir had knives, Ravindra had pistol in his hand. Jagpal Dhaka dragged down Rajendra from Gaddi and Rajbir took the cash. When it was resisted by Rajendra and alarm was raised by Satya Prakash, Brijesh and Nand Kishore reached the spot from the adjoining houses but Jagpal Dhaka pulled him into the gallery and caused injuries with knife to him (Rajendra) resulting into his instantaneous death. Ravindra caused injury to Satya Prakash and Rajbir caused injury with knife to Brijesh. Satya Prakash and Brijesh were injured persons. Their injuries are in the nature of incised wounds and stab wounds. Injury of Satya Prakash were on head and chest. Thus presence of these witnesses on the spot cannot be doubted. All these four eye witnesses have no enmity with appellants. Their presence on the spot is natural and their statements are consistent. Hence we subscribe to the views of the learned Sessions Judge who believed their statements and passed impugned order. 13. Thus presence of these witnesses on the spot cannot be doubted. All these four eye witnesses have no enmity with appellants. Their presence on the spot is natural and their statements are consistent. Hence we subscribe to the views of the learned Sessions Judge who believed their statements and passed impugned order. 13. P. W. 6 Ram Kumar has stated that blood stained and plain earth was taken in his presence from gallery and was sent to chemical examiner. P. W. 7 Ram Ratan Singh was posted as Section Officer at police station Modinagar, district Ghaziabad on 23-5- 78, who made investigation of the crime and found blood lying on the surface of the gallery which was taken and sealed and sent for chemical examination. P. W. 9 is Head Constable Kedar Singh, who has stated that he had taken the clothes of the accused Jagpal Dhaka and Rajbir and there is report of chemical examiner that human blood was found on the shirt and pyjama of the accused persons. The report of chemical examiner Ex. K. 3 corroborates the statements of the eye-witnesses that blood stains were found on the clothes of the accused. Thus the commission of murder of Rajendra and causing injuries to Satya Prakash and Brijesh is proved by the eye witnesses and report of chemical examiner. 14. As is evident from the statements of the eye-witnesses and investigating officer corroborated by site plan, the blood was found in the gallery of the deceased. The accused caused injuries by entering into the veranda and gallery of the deceased in order to loot the cash which was being counted by the deceased. Thus the place of occurrence confirms that injuries were caused by the appellants and two others by going to the shop, veranda and gallery of the deceased and injured persons and these eye witnesses had occasion to reach the spot, resist and see the occurrence. 15. Jagpal Dhaka stated in the statement under Section 313 that Gajendra and Rajendra were brothers. Gajendra had pawned his wrist watch and golden necklace to co-accused Ranvir for Rs. 800/ -. Dispute had taken place twice or thrice regarding this matter. On 23-5-78 at about 9. 15. Jagpal Dhaka stated in the statement under Section 313 that Gajendra and Rajendra were brothers. Gajendra had pawned his wrist watch and golden necklace to co-accused Ranvir for Rs. 800/ -. Dispute had taken place twice or thrice regarding this matter. On 23-5-78 at about 9. 45 p. m. when Jagpal Dhaka, Ranvir and Rajbir were returning from hotel after taking meals and when they reached infront of the factory of Rajendra, Rajendra, Gagendra, Satya Prakash and his son Brijesh attacked them with hockey, sticks and lathis. Ranvir who was having knife with him wielded it in self defence. Their lives were saved and they reached police station Modinagar. Ranvir lodged F. I. R. which was torn away by Police Inspector. Rajbir accused has stated under Section 313 Cr. P. C. that his clothes were taken by the Police Sub-Inspector. His clothes were blood stained. It is also alleged that when injuries were caused to Ranvir, Rajbir and Jagpal Dhaka, they were medically examined at State Dispensary, Govindpuri, District Meerut. Ranvir was examined on 24-5-78 at 4. 50 a. m. and following injuries were found on his body: (1) A crusted abraded contusion of 1. 5 cm. . x 1 cm. on the anterior side of head above the root of the bridge of the nose. (2) A crusted abraded contusion of 1. 2 cm. x 0. 7 cm. on the left side of head 8. 5 cm. above and backward the left ear. (3) A crusted abraded contusion of 5. 5 cm. x 0. 8 cm. on the back of right forearm in middle. 16. In the opinion of doctor injuries were simple, caused by blunt object and were about half day old. 17. Rajbir was also medically examined on 24-5-78 at 5. 20 a. m. and lacerated wound of 2. 1 cm. x 0. 5 cm. x scalp deep on the right side of the head was found. Other injuries 7 in number were found on head, little finger, forearm which were in the nature of contusions or abrasions. In the opinion of doctor injuries were simple and caused by blunt object and about half a day old. 18. Appellant Jagpal Dhaka was also medically examined on 24-5-78 at 5. 50 a. m. and following injuries were found on his body: - (1) A crusted abrasion of 4 cm. x 0. 7 cm. In the opinion of doctor injuries were simple and caused by blunt object and about half a day old. 18. Appellant Jagpal Dhaka was also medically examined on 24-5-78 at 5. 50 a. m. and following injuries were found on his body: - (1) A crusted abrasion of 4 cm. x 0. 7 cm. on the front and outer part of right forearm lower 1/3rd x 3 cm. above the right wrist joint. (2) A contused lacerated wound of 1 cm. x 0. 4 cm. x skin deep on the back and just in middle of right index finger. (3) A crusted abrasion of 0. 4 cm. x 0. 3 cm. on the back of right hand 3. 5 cm. below the right wrist joint. 19. In the opinion of doctor injury No. 2 was caused by blunt object and rest injuries were caused by friction against hard object. Injuries were simple in nature. 20. A perusal of the injuries of Rajbir, Ranvir and Jagpal Dhaka shows that all injuries were simple. Besides it explanation has been furnished by the prosecution as how injuries were caused by witness P. W. 3 Nand Kishore when these persons were dragging Rajendra and effort was being made to take out the cash. During this resistance Nand Kishore who had reached on alarm of the victims had used lathi. Robbery was committed, cash was looted, alarm was raised, witnesses came there and resisted resulting in some simple injuries to the appellants. These injuries rather confirm participation of accused in crime including the murder of Rajendra being committed by them in Verandah and gallery of the deceased. 21. We have gone through the judgement delivered by the learned Sessions Judge who has discussed all the points and we subscribe to the judgement delivered by learned Sessions Judge and there is no scope of interference in this appeal. 22. The appeal is dismissed. Appellants Jagpal Dhaka and Rajbir are on bail. Their bail is cancelled. Non- bailable warrants be issued against them. They be arrested and sent to jail to serve out the sentences. 23. Let a copy of this judgment alongwith the record of the case be immediately send to the Court below for needful compliance under intimation to this Court within two months. Appeal dismissed. .