M. CHAUDHARY, J. ( 1 ) THIS is an appeal filed by the accused appellants from judgment and order dated 14th January 1982 passed by Additional Sessions Judge Budaun in Sessions Trial No. 328 of 1980 State v. Lalman and Ors. convicting the accused appellants under Section 302 read with Section 34 IPC and Section 307 IPC and sentencing each of them to imprisonment for life and three years rigorous imprisonment on each count for attempted murders of Kripal Singh and Ram Das and a find of Rs. 1000. 00 respectively thereunder making all the substantive sentences to run consecutively and in default of payment of fine to further undergo rigorous imprisonment for a period of one year. ( 2 ) BRIEF facts giving rise to this appeal are that at about 2:45 a. m. on 18th of May 1980 Kripal singh the injured and son of deceased Kesari lodged an FIR at police station Usehat situate at a distance of some 8 kms from village Dalel Nagar contending that some three years ago Lalman had committed theft by uprooting ghuiyan crop from his field which resulted in quarrel and assault in between him and Lalman. Kirpal Singh lodged a report of theft against the former regarding the incident of marpit and since then Lalman and his brother Kehari and their cousin karan started nursing grudge against Kirpal Singh and his family members. Ordinarily Kirpal singh and his male family members used to sleep at their house in the village but for the last 2-3 days since they had to irrigate their Ghuiyan crop they used to sleep at their field. During the night between 17th and 18th of May 1980 Kripal Singh and his brother Ram Das and their father kesari alongwith bataidar Gulzari Lal and Hukmi were asleep in their field in front of the shanty and a lantern was lighted at the shanty close to their tube-well; that at about mid night time Lalman and Keshari armed with single barrel guns alongwith their cousin Karan with countrymade pistol reached there flashing torch at them and shouting that they would not leave them alive as they wanted to avenge themselves. Immediately Lalman and Kehari each fired a shot with their respective guns at Kesari and as Kripal Singh and his brother Ram Das challenged them. Immediately Lalman and Kehari each fired a shot with their respective guns at Kesari and as Kripal Singh and his brother Ram Das challenged them. Karan fired at them with country made pistol and Lalman and Kehari also fired at both of them. Hearing the outcry of the victims Parashuram who was sleeping in his nearby field, reached there flashing his torch and as Gulzari Lal and Hukmi reprimanded the miscreants the assailants threatened them with murder if they intervened as they had taken the revenge. Sustaining the fatal fire-arm injuries Kesari died on the spot instantaneously. Injured Kripal also mentioned in his written report that they had recognized the assailants well in the light of lantern and torches flashed and that on account of fear they had taken the dead body of their father kesari to their house from the scene of occurrence and kept at their house. The police registered a crime against the accused under Section 302 and 307 IPC and made relevant entry regarding registration of the crime in the GD. ( 3 ) INJURED Kripal Singh and Ram Das were got medically examined at Primary Health Centre usehat by Dr. Zahirul Islam in-charge Medical Officer at about 4:00 a. m. and 5. 15 a. m. respectively the same night. Medical examination of injured Kripal Singh revealed multiple gun shot wounds varying in size from 0. 2 cm 0. 2 cm to 0. 8 muscle deep in an area of 14. 5 cm 13 cm on right upper arm front and outer aspect and multiple gun shot wounds varying in size from 0. 3 cm 0. 3 cm skin deep to 1. 5 cm 0. 5 cm skin deep on right forearm in an area of 21 cms 6. 5 cms on outer and back of the forearm. The doctor also found multiple gun shot wounds varying in size from 0. 3 cm 0. 3 cm to 0. 4 cm 0. 4 cm in an area of 13. 5 cms 6 cms on right side chest. His medical examination also revealed multiple gunshot wounds varying in size from 0. 3 cm 0. 3 cm to 0. 5 cm 0. 3 cm on dorsum of right hand and two gunshot wounds measuring 0. 3 cm 0. 3 cm skin deep on right thigh Excepting the thigh injuries all the injuries were kept under observation. His medical examination also revealed multiple gunshot wounds varying in size from 0. 3 cm 0. 3 cm to 0. 5 cm 0. 3 cm on dorsum of right hand and two gunshot wounds measuring 0. 3 cm 0. 3 cm skin deep on right thigh Excepting the thigh injuries all the injuries were kept under observation. The doctor opined that the injuries were caused by fire arm and fresh in duration. ( 4 ) MEDICAL examination of Ram Das revealed multiple gunshot wounds varying in size form 0. 3 cm 0. 3 skin deep to 1. 8 cm 0. 3 cm skin deep on left back and right back lower 2/3rd and multiple gunshot wounds varying in size from 0. 3 cm 0. 3 cm skin deep to 0. 5 cm 0. 3 cm on upper part of left buttock. His medical examination also revealed multiple gun shot wounds varying in size as stated above on right side buttock and left fore arm. Injuries on left back lower 2/3rd and left buttock were kept under observation. The doctor opined that the injuries were caused by fire arm and fresh in duration. ( 5 ) STATION Officer R. B. S. Malik police station Usehat who took up investigation of the crime in his hand went to the house of Kripal Singh, drew inquest proceedings on the dead body of Kesari and prepared inquest report and other necessary papers (Exts Ka 5 to Ka 7) and handed over the dead body in a sealed cover along with necessary papers to constables Jogendra Kumar and Om prakash for being taken to mortuary for postmortem. While drawing inquest on the dead body he recovered one tikli lying on chest injury under the vest (Baniyan) put on by him and prepared its memo (Ext Ka 8 ). Then he visited the place of occurrence, inspected the site and picked up six empty cartridges and collected blood stained and simple earth from the scene of occurrence and prepared their memo (Ext Ka 9 ). He also inspected the lantern allegedly lighted at the time of the occurrence and the torch flashed by the witnesses and after inspecting the same returned the lantern and torch to the witnesses concerned and prepared their supurdaginama (Ext Ka 10) and also prepared site plan map of the place of occurrence (Ext Ka 11 ). He also inspected the lantern allegedly lighted at the time of the occurrence and the torch flashed by the witnesses and after inspecting the same returned the lantern and torch to the witnesses concerned and prepared their supurdaginama (Ext Ka 10) and also prepared site plan map of the place of occurrence (Ext Ka 11 ). ( 6 ) AUTOPSY conducted on the dead body of Kesari by Dr. N. P. Singh Medical Officer District hospital Budaun on 18th of May 1980 at about 3:30 p. m. revealed below noted ante mortem injuries. (i) multiple gun shot wounds of entry each measuring 0. 3 cm 0. 3 cm skin to cavity deep over front of chest on both sides extending up to lower part of neck in an area of 23 cm 24 cms. Direction backward. No blackening or tattooing was found present around the wounds. (ii) six ante mortem gun shot abrasions each 0. 3 cm 0. 3 cm on front of right upper arm at upper 1/3rd in an area of 8 cms 3 cms. On an internal examination both the lungs and pleura were found punctured under injury No. 1 at multiple places. 3rd, 4rd and 5rd ribs on both sides were found punctured. Thoracic cavity contained 1 1/2 pint of clotted blood. The doctor removed 14 small pellets from thoracic cavity and both lung tissues. The stomach contained 4 oz of digested food. Small and large intestines contained faeces and gases. The doctor opined that the death was caused due to shock and haemorrhage as a result of ante mortem injuries about 2/3rd day ago. ( 7 ) AFTER completing the investigation police submitted chargesheet against the accused accordingly. ( 8 ) AFTER framing of charge against the accused the prosecution examined Kripal Singh (PW 1), ram Das (PW 2), and Hukmi (PW 3) as eye witnesses of the occurrence. Testimony of rest of the witnesses was of formal nature. PW 4 Dr. Zahirul Islam who medically examined both the injured has proved their injury reports (Exts Ka 2 and Ka 3 ). PW 6 Dr. N. P. Singh who conducted autopsy on the dead body of Kesari has proved the post mortem report (Ext Ka 12 ). PW 5 Station officer R. B. S. Malik who investigated the crime and submitted chargesheet against the accused has proved the police papers. PW 6 Dr. N. P. Singh who conducted autopsy on the dead body of Kesari has proved the post mortem report (Ext Ka 12 ). PW 5 Station officer R. B. S. Malik who investigated the crime and submitted chargesheet against the accused has proved the police papers. ( 9 ) THE accused denied the alleged occurrence altogether stating that they have been got implicated in the case falsely on account of enmity. ( 10 ) NO evidence was adduced by the accused in their defence. ( 11 ) ON an appreciation of evidence on the record and after hearing the State counsel and the defence counsel as well the Trial Judge found the accused guilty of the charge levelled against them and convicted them and sentenced accordingly as stated above. ( 12 ) FEELING aggrieved by the impugned judgment and order the accused appellants preferred this appeal for redress. ( 13 ) WE have heard the appellants learned counsel and the learned AGA as well and gone through the record. ( 14 ) PW 1 Kripal Singh, injured and the first informant and PW 2 Ram Das who is also injured have narrated all the facts of the said incident from the beginning to the end as stated above. Both have been subjected to searching and grueling cross-examination but nothing useful to the accused could be elicited therefrom. The firearm injuries received by both the injured were found by the doctor to be fresh in duration and they could not be self inflicted. Hence their presence at the scene of occurrence can not be doubted. The testimony of both these eye witnesses stands corroborated by the testimony of PW 3 Hukmi who stated likewise corroborating them on all the material aspect of the case. Shorn of a few contradictions or discrepancies which are of insignificant nature and immaterial their evidence is clearly consistent on all the material points. Since PW 3 Hukmi was the bataidar of Kesari, the deceased his presence too can not be doubted at the scene of occurrence. The testimony of all the three eye witnesses stands well corroborated by FIR of the occurrence lodged promptly at the police station. The medical evidence leaves no room for doubt as to the factum of the occurrence and the prosecution case with regard to its time and the weapons used in the assault also receives corroboration from it. The testimony of all the three eye witnesses stands well corroborated by FIR of the occurrence lodged promptly at the police station. The medical evidence leaves no room for doubt as to the factum of the occurrence and the prosecution case with regard to its time and the weapons used in the assault also receives corroboration from it. The place of occurrence is also fixed by recovery of blood from the scene of occurrence by the investigating officer. Since the accused were well known to the victims and pw 3 Hukmi since before, and according to their testimony all the assailants reached the scene of occurrence exhorting that they had reached there to avenge themselves and as they fired at kesari his both the sons namely Kripal Singh and Ram Das challenged them and then all the three assailants fired at them and as Hukmi and Gulzari challenged them the assailants told them that they had taken the revenge and they should not interfere otherwise they would also be killed. Thus there was sufficient light to recognize the assailants who were well with known to the witnesses since before; and during the altercation the assailants could well be recognized and identified by voice also. Therefore we find ourselves in full agreement with the findings recorded by the trial court. However the appellants learned counsel has advanced the following arguments assailing the findings recorded by the court below and now we shall deal with them one by one and see if any of them has got any form in it. ( 15 ) FIRSTLY, much emphasis has been laid by the appellants learned counsel on the words "aaj beeti Raat" used by Kripal Singh in the FIR and thereby he wanted us to conclude that the FIR is ante timed. The said occurrence took place at some hour in the mid night during the night between 17th and 18th of May 1980 and FIR of the occurrence was lodged by Kripal Singh, the injured and son of the deceased at police station Usehat situate at a distance of 8 Kms from the place of occurrence at about 2:45 a. m. the same night. It has come in evidence that on account of fear he with the help of co-villagers after keeping the dead body of his father Kesari at his house went to the police station after arranging a tractor of one Brij Pal and lodged FIR of the occurrence at 2:45 a. m. the same night. On the basis of written report handed over by Kripal singh, injured and the first informant crime was registered at police station Usehat 2:45 a. m. the same night (Ext Ka 4 ). The police got Kripal Singh and Ram Das medically examined at Primary health Centre Usehat by the in-charge Medical Officer who medically examined injured Kripal singh at 4:00 a. m. and injured Ram Das at 5:15 a. m. the same night. The injuries of both the injured were found fresh in duration. Inquest proceedings on the dead body were drawn by the investigating officer early in the morning on 18th of May 1980 at 6:00 a. m. and he handed over the dead body in a sealed cover alongwith necessary papers to constable Yogendra Kumar and the village chaukidar at 7:30 a. m. for being taken for its post mortem. The dead body reached the police headquarter situate at a distance of some 29 kms from the village at 11:35 a. m. in the noon the same day. Autopsy on the dead body was conducted by Dr. N. P. Singh Medical officer district Hospital Budaun at 3:30 p. m. the same day. These facts completely dislodge the plea taken by the appellants learned counsel that the FIR was ante timed and was not lodged at the police station at the time it purports to be. As far as the words used in the written report "aaj beeti Rat" are concerned there is no doubt that FIR was written on 18th of May 1980. The occurrence took place at some hour during the mid night between 17th and 18th of May 1980. In the villages most of the villagers use to wake up at 4:00 a. m. as they have to work in their fields in early hours of morning. Thus if the words "aaj Beeti Raat" have been used it does not affect the case adversely in any manner. In the villages most of the villagers use to wake up at 4:00 a. m. as they have to work in their fields in early hours of morning. Thus if the words "aaj Beeti Raat" have been used it does not affect the case adversely in any manner. Phraseology in describing the facts may not be exact because it differs from person to person as to how express the facts but that could not be a ground sufficient in itself to discredit his testimony or disbelieve him if the facts which he wants to express are distinctly clear in themselves after going through the narration as a whole. The said argument advanced by the appellants learned counsel therefore has got no substance and is repelled. ( 16 ) SECONDLY, the appellants learned counsel further argued that since no blackening or tattooing was found by the doctor around ante mortem injuries on the dead body and there was dispersal of pellets it should be concluded that shots were fired from a distance of 15-20 paces, and none could have recognized the assailants from such a distance in the light of lantern allegedly burning at the scene of occurrence. Ordinarily blackening or tattooing is caused if the shot is fired from within a distance of sic feet and that distance is regarding standard weapons. In the instant case the assailants fired with countrymade guns and countrymade pistol. However PW 1 kripal Singh, the injured stated that shots were fired from a distance of 2-3 paces. However PW 2 Ram Das stated that shots were fired at them from the front from a distance of some 10-12 paces. However a perusal of the site plan map goes to show that the place from where the accused assailants allegedly fired was at a distance of about 10 paces from the place where the deceased and the injured received injuries. PW 3 Hukmi stated that Ram Das and Kripal Singh tried to move towards the assailants and as they went 3-4 paces ahead they received firearm injuries. Evidently neither the assailants nor the victims would have remained static at one place and they must have moved 2-3 paces this side or that side and since Kesari received firearm injuries on front of his chest skin to cavity deep the shots would have been fired from a distance of 5-6 paces (equal to 18-20 feet ). Evidently neither the assailants nor the victims would have remained static at one place and they must have moved 2-3 paces this side or that side and since Kesari received firearm injuries on front of his chest skin to cavity deep the shots would have been fired from a distance of 5-6 paces (equal to 18-20 feet ). All the three eye witnesses stated that all the three accused assailants were flashing torches simultaneously while firing with their respective weapons. And if three torches are flashed simultaneously at a certain place they throw light illuminating the area to the extent that in that light coupled with the light of burning lantern hanging at wattle of the shanty situate at that very place and in the light of stars in the open place in the month of may when the sky remains clear well known persons may well be recognized by young persons having good eye sight from a distance of 10-12 paces. Therefore the said argument advanced by the appellants learned counsel holds no water and is rejected. ( 17 ) AFTER considering all the arguments advanced by the appellants learned counsel in the light of evidence on the record and circumstances attending the case we don not find any merit in any of them. The testimony of three injured eye witnesses including two injured witnesses stands well corroborated by FIR of the case which was lodged promptly by Kripal Singh (PW 1) injured son of the deceased at the police station and the medical evidence. The learned trial Judge has given cogent and convincing reasons for finding the accused guilty of the change levelled against them and we are in complete agreement with the findings recorded by the trial court against the accused appellants. The appeal has got no substance and is liable to be dismissed. ( 18 ) THE appeal is hereby dismissed. Conviction of the accused appellants under Section 302 read with Section 34 IPC and Section 307 IPC sentencing each of them to imprisonment for life and three years rigorous imprisonment on each count for the attempted murders of Kripal Singh and ram Das and a find of Rs. 1000. 00 respectively thereunder are affirmed but direction regarding running of sentences is modified in the manner that all the substantive sentences awarded shall run concurrently. The accused appellants are on bail. 1000. 00 respectively thereunder are affirmed but direction regarding running of sentences is modified in the manner that all the substantive sentences awarded shall run concurrently. The accused appellants are on bail. They shall be arrested and lodged in the jail to serve out the sentences imposed upon them. ( 19 ) THE office shall send certified copy of the judgment alongwith record of the lower court to the court concerned immediately to ensure compliance under intimation to this court within two months. . .