K. N. OJHA, J. Both these appeals have been preferred against judgment and order dated 12. 6. 1997 by which learned special Judge, Gorakhpur has passed order of conviction against Radhey under section 302 I. P. C. and has awarded him life imprisonment. Co-accused Suresh (respondent in Cr. Appeal No. 2313 of 1997) has been acquitted of the charge under section 302 read with section 34 I. P. C. 2. We have heard Sri P. C. Srivastava, learned Counsel for Radhey and Suresh and Sri A. K. Varma, learned A. G. A. and have gone through the record. 3. The occurrence is said to have taken place on 13. 9. 1995 at about 5. 30 A. M. in village Jungle Ayodhya Prasad Badari Tola, Police station Gulariha, District Gorakhpur, F. I. R. of which was lodged by Smt. Dhaneshwari Widow of deceased Bhakol Kewat on 13. 9. 1995 at 7. 45 A. M. against Radhey and Suresh. The place of occurrence is about 7 Km. from the police station. According to prosecution, Smt. Dhaneshwari resident of village Jungle Ayodhya Prasad Badari Tola, Police station Gulariha District Gorakhpur, lodged an F. I. R. that on 13. 9. 1995 at about 5. 30 A. M. her husband Bhakol Kewat was going to respond natural call. When he reached the ridge of the field of Hub Lal and Mahangu, Radhey and Suresh (Brother-in-law, Sala, of Radhey) caught hold of him and Radhey caused injuries with knife. On alarm of Bhakol Kewat, Khaderu and Lal Chand of the same village, who were coming after responding natural call, rushed to the spot. Radhey ran away showing knife. Bhakol Kewat died on the spot. The motive of committing murder was a dispute which took place about two months before, between Bhakol Kewat and Radhey. 4. After the F. LR. was lodged at the police station, investigation was started by S. I. Parsu Ram Singh Kushwaha (P. W. 6) and continued by S. I. D. P. Pathak (P. W. 5 ). It was concluded by S. I. Rajendra Prasad (P. W. 7), who recovered knife at the pointing out of Radhey in the presence of the witnesses Ram Lalit, Ram Niwas, Ramakant and Munna Kumar on 22. 9. 1995 at about 10. 30 A. M. in the same village from beneath the culvert, extending on the eastern side to the place of occurrence. 9. 1995 at about 10. 30 A. M. in the same village from beneath the culvert, extending on the eastern side to the place of occurrence. Inquest report was prepared by the first investigating officer, and the dead body was sent to the mortuary of District Hospital, Gorakhpur. Post-mortem examination was done on 13. 9. 95 at 5 P. M. In the opinion of Doctor, the age of Bhakol Kewat (deceased) was about 50 years. Following ante-mortem injuries were found on his body:- 1. Incised wound 15 cm. x4-1/2 cm. x muscle deep, on front of neck. 2. Incised wound 6 cm. x 2 cm. x cavity deep, left side of chest. 3. Stab wound 2 cm. x 1 cm. x cavity deep on left side of chest. 4. Incised wound 4 cm. x 1 cm. x muscle deep on right side of chest. 5. Incised wound 2 cm. x 1 cm. x muscle deep on back side of left arm. 6. Stab wound 5 cm. x 3 cm. x cavity deep on left lower abdomen. Intestine was coming out of the wound. Left lung and pericardium were found punctured. About half litre clotted blood was present in the left chest cavity. Small intestine was full of gases and the large intestine was also full of gases. In the opinion of the Doctor, death had taken place about half day before due to shock and haemorrhage as a result of ante-mortem injuries. 5. After conclusion of investigation, charge-sheet was submitted and trial held. 6. Prosecution examined two eyewitnesses, P. W. 1 Smt. Dhaneshwari widow of deceased Bhakol Kewat and P. W. 2 Khaderu resident of the same village Jungle Ayodhya Prasad Badari Tola. P. W. 3 Dr. R. N. Shahi performed autopsy on the dead body of Bhakol Kewat. P. W. 4 is the constable Vijai Shankar Singh, who prepared chick report and made entries in the G. D. P. W. 5 DP. Pathak, P. W. 6 Parsuram Singh and P. W. 7 Rajendra Prasad investigated the case. 7. The accused denied their participation in the crime and alleged that some other person committed murder of Bhakol Kewat in the night and due to enmity of Gaon Pradhan election, they were falsely involved in the crime. 8. Pathak, P. W. 6 Parsuram Singh and P. W. 7 Rajendra Prasad investigated the case. 7. The accused denied their participation in the crime and alleged that some other person committed murder of Bhakol Kewat in the night and due to enmity of Gaon Pradhan election, they were falsely involved in the crime. 8. The occurrence is said to have taken place in broad day light, F. I. R. of which was lodged promptly at the police station by name against Radhey and Suresh on 13. 9. 1995 at 7. 45 A. M. The F. I. R. is prompt and it contains details as to how the occurrence took place. Presence of Smt. Dhaneshwari (P. W. 1) and Khaderu (P. W. 2) on the spot cannot be doubted. The occurrence took place at the outskirts of the village towards east side and on the alarm of Bhakol Kewat, P. W, 1. Smt. Dhaneshwari ran towards the spot and saw the occurrence. P. W. 2 Khaderu was coming from the field after responding natural call. Therefore, he had occasion to witness the occurrence. He also saw the accused Radhey running away with knife. Motive on the part of Radhey accused and murder being committed by him is proved by the statement of P. W. 1 Smt. Dhaneshwari wife of the deceased and P. W. 2 Khaderu, both eye-witnesses of the occurrence. Recovery of knife is proved by P. W. 5 DP. Pathak, investigating officer, on the pointing out of Radhey. 9. It has been submitted by the learned Counsel for the appellant Radhey that Smt. Dhaneshwari (P. W. 1) has stated that she had narrated the story in her Bhojpuri language, but the F. I. R. has been written by scribe Nizamuddin in Hindi. Smt. Dhaneshwari is an illiterate lady. She narrated the facts in her own language and if some contents have been written in Hindi by the scribe Nizamuddin containing the same facts, on this ground, the version of the prosecution is not changed nor does it show that some other facts have been substituted in place of the facts, which were stated by Smt. Dhaneshwari. Therefore, on this ground the contents of the F. I. R. cannot be disbelieved. 10. Therefore, on this ground the contents of the F. I. R. cannot be disbelieved. 10. Learned Counsel for the appellant Radhey has also laid emphasis that Smt Dhaneshwari has stated that her thumb impression was taken with "kajrauta" (indigenous black preparation usually used to sharpen the eye-sight of children by village women), when F. I. R. was lodged, but later, on she has stated that her thumb impression was taken at the police station on the F. I. R. with ink pad. A perusal of the statement of P. W. 1 Smt. Dhaneshwari shows that she is an illiterate lady. She even does not know full name of her village. She also does not know the name of her counsel. In such circumstances, if she is not certain as to whether her thumb impression was taken with "kajrauta" or inkpad, on this ground, her statement cannot be disbelieved. She has stated that the deceased was not on talking terms with the appellant Radhey since last two months, though they were of the same family. On the alarm of her husband, she ran to the spot and saw knife injuries being caused by Radhey to her husband Bhako Kewat. A lady, who is illiterate and is unable to narrate the facts in Hindi, who does not know even the name of her counsel, is not expected to be an active person of the village in the election of Pradhan. Therefore, it cannot be believed that due to enmity of village Pradhan election, she is falsely making the statement against Radhey. 11. Another eye-witness is P. W. 2 Khaderu. He is an independent witness, resident of the same village Jungle Ayod-hya Prasad Badari Tola. He was present near the place of occurrence because he was corning after responding natural call in the morning. He has stated that he heard alarm being raised by Bhakoi Kewat from a distance of twenty steps, He ran to the spot. He recognises the voice of every person of the village because he has occasion to hear such persons daily. Much emphasis has been given to the fact that P. W. 2 Khaderu has stated that he reached the spot after 10 or 15 minutes. His name finds place in the F. I. R. , which has been promptly lodged. A perusal of his statement shows that he hardly knows to sign. Much emphasis has been given to the fact that P. W. 2 Khaderu has stated that he reached the spot after 10 or 15 minutes. His name finds place in the F. I. R. , which has been promptly lodged. A perusal of his statement shows that he hardly knows to sign. It means he has no clear idea about minutes. Therefore, he has stated that he reached the spot in ten or fifteen minutes because such time-gap will not intervene when a person hurriedly reaches the place of occurrence, which is at a distance of ten steps only. It means that he has stated that it took 10 or 15 minutes time for reaching the spot because he is almost an illiterate person. Thus, his presence also cannot be doubted. The statements of P. W. 1 Smt. Dhane Shwan and P. W. 2 Khaderu are worthy to be relied upon. 12. Learned Counsel for the appellant Radhey has submitted that in the morning of 13. 9. 95, there was fog and no one could easily see as to who committed murder of Bhakoi Kewat. The fact that there was fog in the morning is admitted by P. W. 1 Smt. Dhaneshwari in her statement but she has stated that fog was not so dense that any one could not easily see a person from 10 steps. It was the month of September and the possibility of dense fog is overruled. Besides it, Bhakoi Kewat was raising alarm and his shrieks attracted the witnesses including P. W. 1 Smt. Dhaneshwari and P. W. 2 Khaderu. They saw injuries being caused by Radhey with knife and running away snowing knife and when these witnesses reached the spot, they found that Bhakoi Kewat was no more alive. Therefore, it being a broad day light occurrence, it cannot be believed that the witnesses could not recognise the real culprit. Real culprit was Radhey, who was very well recognised by the eye-witnesses. 13. Emphasis has also been laid on the statement of P. W. 3 Dr. R. N. Shahi, who performed post-mortem examination on 13. 9. 1995 at 5 P. M. on the dead body of Bhakol Kewat. He has stated that the death could have taken place half day before the post-mortem examination. It corroborates to the time of 13. 9. 95 at 5. 30 A. M. which is the prosecution case. R. N. Shahi, who performed post-mortem examination on 13. 9. 1995 at 5 P. M. on the dead body of Bhakol Kewat. He has stated that the death could have taken place half day before the post-mortem examination. It corroborates to the time of 13. 9. 95 at 5. 30 A. M. which is the prosecution case. The Doctor has stated that there could be a marginal difference of six hours on either side. He has stated that rigor mortis had not completely passed off. Thus, according to the learned Counsel for the appellant Radhey, the occurrence could be of the night of 12/13. 9. 95. When occurrence can be of the night of 12/13. 9. 95 or of the morning of 13. 9. 95 and when there is specific statement of the eye-witnesses that they saw the occurrence and accused Radhey running away after causing injuries, there does not remain possibility of interpreting that occurrence took place in the night and injuries resulting in death of the victim were caused by some other person. 14. Smt. Dhaneshwari had not contested the election. She is an illiterate lady of the village. There does not appear any reason for falsely implicating Radhey, who is member of the family to which the complainant belongs. Prompt F. I. R. , broad day light occurrence, specific mention of motive and presence of the eye-witnesses in the F. I. R. , specific detailed answers of each question given by the eye-witnesses, confirm the fact that the offence was committed by Radhey. 15. It is also submitted that blood was not found on the knife, which is said to have been recovered from the mud on the pointing out of Radhey. Crime was committed on 13. 9. 95 and the knife was recovered on 22. 9. 95 at 10. 30 A. M. It is not expected that an accused person will not wash the blood from the knife. However, the report of the scientific expert shows that human blood was found on knife but the classification of blood could not be made as there was no sufficient blood to ascertain the kind of blood. 16 We have gone through the judgment delivered by the Special Judge, Gorakhpur, and subscribe to his views insofar as they relate against appellant Radhey. Therefore, the appeal, preferred by appellant Radhey, deserves to be dismissed. 17. 16 We have gone through the judgment delivered by the Special Judge, Gorakhpur, and subscribe to his views insofar as they relate against appellant Radhey. Therefore, the appeal, preferred by appellant Radhey, deserves to be dismissed. 17. The State Government has preferred appeal against order of acquittal of Suresh. Learned A. G. A. has submitted that as many as four incised wounds and two stab wounds were caused to Bhakol Kewat, who was 50 years of age and so much injuries could not be caused unless he was taken within full control of the accused persons and it could be so only when there would have been at least two persons. In our opinion, if a person is armed with knife and the victim is going to respond natural call in the early morning in a carefree mood, there could be no expectation that attack would be made on him and his life would be in danger. If knife is pierced twice in chest and abdomen upto cavity deep, such unarmed victim will have no power or occasion to resist except to raise alarm and the murder can be caused by even a single person. 18. P. W. 2 Khaderu has stated that accused Suresh is resident of village Daulatpur, which is at a distance of one and a helf kos (3 miles) from the place of occurrence. He had no direct enmity with the deceased. The possibility of his false implication could not be ruled out as he is the brother-in-law (Sala) of Radhey. Separating the Chaff from the grain, the Trial Court rightly acquitted him. 19 Thus, the charge under section 302 I. P. C. is proved against Radhey, but it is not proved against Suresh and, therefore, both the appeals deserve to be dismissed. 20. Appeal No. 2313 if 1997, State v. Suresh is dismissed. Appellant Suresh is on bail. He need not surrender. His sureties are discharged. 21. Appeal No. 1148 of 1997, Radhey v. State, is dismissed. Appellant Radhey is reportedly in jail. He will remain in jail to serve out the sentence of life imprisonment under section 302 I. P. C. In case he is not in jail, the Lower Court will get him arrested and sent to jail to serve out the sentence. 22. 21. Appeal No. 1148 of 1997, Radhey v. State, is dismissed. Appellant Radhey is reportedly in jail. He will remain in jail to serve out the sentence of life imprisonment under section 302 I. P. C. In case he is not in jail, the Lower Court will get him arrested and sent to jail to serve out the sentence. 22. Let a copy of this judgment along with record be sent to the Lower Court for compliance and report to this Court within two months. Appeals Dismissed. .