GHANSHYAM DASS, J. ( 1 ) BY means of the Instant appeal the conviction order recorded on 21st May, 1980 by the Court of the VIIth Additional Sessions Judge shahjahanpur in Sessions Trial No. 113 of 1979 has been challenged by the accused persons namely Takan and Raghubir (father and the son ). Both of them have been awarded life, imprisonment for the offence punishable under Section 302 read with section 34 of the Indian Penal Code. ( 2 ) DURING the pendency of the instant appeal the accused Takan has died with the result, his appeal was ordered to be abated. Thus, we are concerned in the instant appeal with the accused Rabhubir only. ( 3 ) SMT. Vidyawati wife of Beni Ram is alleged to have been murdered by the accused in furtherance of their common intention on 16th April, 1978 at about 6. 00 or 6. 30 a. m. in village Bari, Police Station kanth, District Shahjahanpur, by causing fire-arm injuries to her. ( 4 ) REGARDING the motive for the commission of the crime in question it is alleged that one Chhote Lal was the own uncle of the accused Takan. The said Chhote Lal had no son. He had only one daughter named vidyawati (deceased ). About ten years back, the said Chhote Lal had eloped with a lady of the village and started living somewhere in District Farrukhabad. He had half share in the agricultural holdings and the remaining half was with the accused Takan. Prior to leaving the village Bari, the said Chhote lal had given his field for cultivation to accused Takan. Chhote Lal died 5/6 years prior to the present incident. Smt. Vidyawati was living with her husband in village Mau basak. On the death of her father, she came to her fathers village Bari and gave holdings of her father to accused Takan on batai as before Takan cultivated the land and shared crops with the lady victim. After about two years, his intention became dishonest with the result, he applied for mutation of the land and it was opposed to by the lady victim. Her objection was upheld and the land came to her share. Thereafter she gave this land for cultivation on batai to Sri Ram who is the informant of the present incident. This caused annoyance to the accused. Her objection was upheld and the land came to her share. Thereafter she gave this land for cultivation on batai to Sri Ram who is the informant of the present incident. This caused annoyance to the accused. Regarding the actual incident in question, it is alleged that on 12th April 1978 Smt. Vidyawati (victim) had come to the complainant Sri Ram for taking share of her crop and stayed with him. On the fateful day i. e. 16-4-1978 at about 6. 00 a. m. the lady Smt. Vidyawati left house for taking water from the well with bucket and rope. The well is located in front of the house of sri Ram. She actually took out water from the well and was returning back. The accused Takan armed with pistol and raghubir armed with gun were standing by the side of the corner of Master Kishans cattle shed. They appeared at the scene of occurrence. The accused Takan then fired hitting the lady on the breast and abdomen. On being so hit, she fell down and the bucket, full of water and rope also fell down on the earth. She got up and could cover two paces when she was again fired at by the accused Raghubir hitting at her back. She fell down in front of the door of the complainant. Both the accused ran away from the place of occurrence brandishing their arms. The incident was witnessed by the complainant Sri Ram (P. W. 1), Netra Pal (P. W. 2)and Itwari (P. W. 3 ). P. W. 2, Netra Pal was present on the read just near the south eastern corner of Master Kishans cattle shed. (P. W. 3), Itwari was present at the well itself for taking out water while the victim was doing so. ( 5 ) THE accused are resident of village Bari police Station Kanth. The complainant is also resident of the same village and similarly P. W. 2 Netra Pal and P. W. 3 Itwari are also residents of the same village. This village is situated on the main road running from Powayan in the east to Madanpur in the west. The village abadi is situated on both sides of the road. One Kachcha rasta runs from this road towards the north in the Abadi. Likewise another Kachcha rasta runs from the road towards south in the abadi. This village is situated on the main road running from Powayan in the east to Madanpur in the west. The village abadi is situated on both sides of the road. One Kachcha rasta runs from this road towards the north in the Abadi. Likewise another Kachcha rasta runs from the road towards south in the abadi. To the north of the road is cattle shed of Master Kanhai and to its north west is house of the Netrapal P. W. 2. These houses are situated to the west of the north Rasta. To the east of the said Rasta is Pakar tree. To the south of the road and to the east of the south going Rasta is the house of complainant Sri Ram. This house opens towards north and in between the door and the road is 12 steps wide open space including the road patari. To the west of the south going rasta in line of the southern portion of the complainant house is the house of Puttu Lal and just to its south is the house of P. W. 3 itwari. To the west of the south going Rasta almost in line, with the north eastern corner at some 20 feet from it, is the village well which is situated at a distance of a few steps from the southern edge of the road. ( 6 ) SINCE the village Bart falls within the jurisdiction of police station outpost madanpur, P. W. 4 Kishan Pal Singh being incharge of the said outpost was on patrolling duty. While he was on his way back to place outpost at about 6. 30 a. m. he happened to be in village Bari. On learning about the incident in question, he reached at the police of incident and took the lady in the injured condition on a cart and brought her to outpost Madanpur. From there the lady was taken to Ayurvedi dispensary where she was medically examined at 8. 10 a. m. by the doctor G. S. Shukla (P. W. 6) and subsequent thereto she was referred to the District Hospital for treatment. The police constable Attar Singh (P. W. 5) then took the lady to the district Hospital but she died en-route. She was declared as dead by the Doctor at the district Hospital at Shahjahanpur. 10 a. m. by the doctor G. S. Shukla (P. W. 6) and subsequent thereto she was referred to the District Hospital for treatment. The police constable Attar Singh (P. W. 5) then took the lady to the district Hospital but she died en-route. She was declared as dead by the Doctor at the district Hospital at Shahjahanpur. The dead body was left by the aforesaid head constable Kishan Pal Singh at the District Hospital itself and he rushed to the police station kanth where he reached at about 12. 30 hours and made an entry in the general diary Ex. Ka-3 regarding the death of victim. ( 7 ) THE head constable Kishan Pal (P. W. 4)while taking the victim for medical examination had instructed the complainant Sri ram (P. W. 1) to go to the police station and lodge a report. Consequently the complainant after covering a distance of seven miles on a cycle reached the police station Kanth and lodged the report of the incident by oral narration whereupon the case under Section 307, Indian Penal Code was registered against the accused on 16-4-1978 at 8. 00. ( 8 ) THE case was converted under Section 302, Indian Penal Code vide G. D. report entry Ex. Ka-2 at 3. 30 p. m. after declaration of the death of the lady in District hospital Shahjahanpur. ( 9 ) THE inquest report (Ex. Ka-7) was prepared by the Sub-Inspector Abind Ali along with other requisite papers (Ex. Ka-8 to ka-11 ). The dead body after due formalities was handed over to the constable Ram charan Pal and Atar Singh for post-mortem. ( 10 ) THE post-mortem of the victim was conducted by Dr. R. S. Pandey (P. W. 10) on 17-4-1978 at 3. 00 p. m. She was aged about 45 years and about 11/2 day had passed since she died. The doctor noted foe following ante-mortem injuries: (i) Multiple fire-arm wounds in an area of 4" x 2. 5" on Rt. Breast, size approximately of dimension 1/10" x Ilo" depth superficial to muscle deep and some pellets recovered from the muscle mass of the right breast. (ii) Multiple fire-arm wounds spread in an area of 10" x 6w on abdomen front situated P/2 below umbilicus, rest above the umblicus size approximately 1/10" x 1/10" depth from superficial to abdominal cavity deep. 36 pellets were recovered from these wounds. (ii) Multiple fire-arm wounds spread in an area of 10" x 6w on abdomen front situated P/2 below umbilicus, rest above the umblicus size approximately 1/10" x 1/10" depth from superficial to abdominal cavity deep. 36 pellets were recovered from these wounds. (iii) Lacerated fire-arm wound 2" x 2" x abdominal cavity deep on back left side 71a" below left scapula 2vfe" away from mid spine and 5 fire-arm wounds just above this wound spread around, one pellet recovered. Abraded area 2/10" diameter found around the wound. No burning and tattooing present, 2 pieces of wadding recovered. (iv) Abrasion 4 /10" x 2 /10" on left breast lower part. The cause of death was shock and haemorrhage owing to fire-arm injuries. ( 11 ) THE investigation was conducted by station Officer Ganga Saran Sharma (P. W. 9 ). He prepared the sketch map of the place of occurrence (Ex. Ka-12) showing all the details of the locations including that of the well, the house of the complainant etc. The statements of the witnesses were also recorded by him. ( 12 ) THE defence of the accused is of de-nial. They have also stated in their statements under Section 313, Criminal Procedure Code that they did not know as to when chhote Lai had left village along with a darjin lady. There is denial that Chhote Lal handed over any land to them for cultivation. They did not know where the land existed. They did not even know that the vietim Smt. Vidyawati was the daughter of chhote Lal. They never cultivated any land of Chhote Lal on behalf of Vidyawati. The accused Takan even said that he did not file any objection before the Tehsildar Shahjahanpur at the time of mutation applied by the victim. He further stated that on his report prosecution of the complainant Sri Ram had been there for the offence under Section 307, Indian Penal Code and likewise he had lodged a report against Netrapal for causing him injuries. For these reasons, he has been falsely implicated by the complainant and Netrapal. Defence witness constable Rajeshwar Dayal (D. W. 1) also filed a copy of the G. D. report concerning a report lodged under Section 323, Indian Penal Code against Netrapal by Takan in the year 1976. For these reasons, he has been falsely implicated by the complainant and Netrapal. Defence witness constable Rajeshwar Dayal (D. W. 1) also filed a copy of the G. D. report concerning a report lodged under Section 323, Indian Penal Code against Netrapal by Takan in the year 1976. ( 13 ) WE have heard Sri A. K. Tiwari, the learned counsel for the appellant and the learned AGA appearing on behalf of State. ( 14 ) ON a perusal of the ocular evidence on record, we find that the case of the prosecution is supported by the testimony of three witnesses namely Sri Ram (P. W. 1), netra Pal (P. W. 2) and Itwari (P. W. 3 ). Sri ram (P. W. 1) is the lodger of the FIR in this case. He has spelled out full details regarding the motive, time and place of occurrence. He has stated about the factum of litigation in between the deceased Smt. Vidyawati and the accused in that after the death of Chhote lal, his daughter (deceased) had come to the village Bari and had given the land for cultivation to the accused on the basis of sharing of crops. The accused cultivated the land for about two years. The deceased scented some dishonest intention on the part of the accused. She therefore, applied for mutation of her name in the revenue record which was opposed to by the accused by filing objections. However, the objections were not accepted and the name of the deceased was duly recorded under the orders of the revenue authority. The land was then given for cultivation to him (this witness) by the deceased. Besides this oral statement, the prosecution has also filed certified copy of the revenue record to show that the name of Smt. Vidyawati (deceased) was recorded therein after the death of her father and certified copy of the objections filed by the accused Takan in those proceedings has also been brought on record to show that the mutation proceedings were contested by the accused. Then the land was given for cultivation to the complainant Sri Ram and not to the accused. The natural feeling of ill will in the mind of the accused was the reason which prompted him to wipe out the deceased. Thus, the motive as alleged by the prosecution is duly proved on record. Then the land was given for cultivation to the complainant Sri Ram and not to the accused. The natural feeling of ill will in the mind of the accused was the reason which prompted him to wipe out the deceased. Thus, the motive as alleged by the prosecution is duly proved on record. ( 15 ) IT may be pointed out as a passing reference that defence put forward by the accused persons through their statements under Section 313, Criminal Procedure Code appears to be false. It does not stand to reason that the accused did not know as to whether Smt. Vidyawati (deceased) was the daughter of Chhote Lal, that they did not know as to where the land of Chhote Lal existed, that they were never given any land for cultivation by Chhote Lal and that they did not file any objections in the mutation proceedings in view of the evidence on this point, referred to above. ( 16 ) REGARDING the time and place of occurrence, we find consistent testimony of three eye-witnesses on record. All the three witnesses have supported the case of the prosecution in all material particulars. All of them have stated that while the deceased was going back towards the house of the complainant Sri Ram after taking out water from the well with bucket full of water and rope, the accused appeared there duly armed with country made pistol and gun and both of them fired at her. The first fire made by accused Takan (now deceased) hit at the breast and abdomen part of the lady and when after standing up she tried to cover some paces, she was fired at by the accused raghuvir which hit at her back. The lady fell down in front of the door of the house of the complainant. There appears to be no doubt about the place of occurrence as the same is corroborated by the recovery of bloodstained earth and also bucket used for taking water along with rope by the Investigating Officer. The site plan shows the full details of the place of occurrence. The place of incident has not been disputed either by the defence. ( 17 ) THE consistent testimony of three witnesses namely P. W. 1 Sri Ram, P. W. 2 netra Pal, and P. W. 3 Itwari proves the guilt of the accused to the hilt. The site plan shows the full details of the place of occurrence. The place of incident has not been disputed either by the defence. ( 17 ) THE consistent testimony of three witnesses namely P. W. 1 Sri Ram, P. W. 2 netra Pal, and P. W. 3 Itwari proves the guilt of the accused to the hilt. The presence of all the three witnesses on the spot is quite natural. Sri Ram was present at his house. The well lies in front of his house at some paces. P. W. 2, Netra Pal was also present at his house by the side of Master Kisan cattle shed. P. W. 3 was present at the well itself for taking out water and was waiting for his turn when the deceased was taking out water from the well. Thus, all the three witnesses had the opportunity to witness the incident. None of the three witnesses had got any interest in the prosecution nor any reason to depose falsely against the accused. None of them is related to the deceased. P. W. 2 netra Pal and P. W. 3 Itwari are the most independent witnesses having no relation with the deceased, nor any enmity with the accused. They were interrogated by the Investigating Officer very promptly i. e. on the following day of the incident. There is nothing on record to cast cloud on the truthfulness of the eye-witnesses. All of them have stood firm to the test of cross-examination. The vague suggestions were put by the defence counsel to castigate them. The suggestion to P. W. 3 Itwari was that he was deposing falsely since his cattle were sent to the cattle pound by the accused. He emphatically refuted this suggestion. Another suggestion made to P. W. 3 was to the effect that he was deposing falsely for some friendship with the complainant and some enmity with the accused. The word some used by the defence shows its vagueness. The defence suggestion that the case under Section 323, Indian Penal Code was registered against P. W. 2 Netra Pal too does not have any material relevance. The criminal case lodged by the accused against the complainant as back as in the year 1976 does not show a cogent reason for false deposition by this witness against the accused. The defence suggestion that the case under Section 323, Indian Penal Code was registered against P. W. 2 Netra Pal too does not have any material relevance. The criminal case lodged by the accused against the complainant as back as in the year 1976 does not show a cogent reason for false deposition by this witness against the accused. The learned counsel for the appellant could not show any reason for attacking the testimony of the eye-witnesses. ( 18 ) THE ocular evidence of the witnesses gets corroboration from the FIR which was lodged by the complainant without any loss of time. The complainant had gone to the police station after covering distance of seven miles and lodged report by oral narration. There appears to be no possibility of any deliberation or concoction by the complainant either with the witnesses or with the police. The true narration of facts appears to have been made by the complainant in the most natural manner in the FIR. ( 19 ) ANTEMORTEM injuries received by the deceased are duly proved on record to corroborate testimony of three independent witnesses on the point of making fire by the accused one after another. The first fire hit in front of the body while another fire hit at the back. It is obvious that both the accused had common intention to commit murder of the unfortunate lady. ( 20 ) HAVING given anxious consideration to the overwhelming independent and reliable ocular evidence of three witnesses duly corroborated by other facts and circumstances including material evidence discussed hereinabove, we conclude that the guilt of the accused is proved to the hilt on record. The appeal has no merit whatsoever. ( 21 ) THE appeal of Takan stands abated. ( 22 ) THE appeal of accused Raghubir is dismissed. The conviction and sentence of life imprisonment awarded by the Court below are hereby confirmed. ( 23 ) THE judgment be certified to the lower court. The Chief Judicial Magistrate shajahanpur shall cause the accused appellant Raghubir to be taken into custody for serving out the sentence. He shall send compliance to this Court within two months. . .