Judgment K.S.Garewal, J. 1. This appeal was filed by Sarban Singh, his brother Sukhdev Singh, their father Mahla Singh and Sarban Singhs son Rajinder Singh @ Raja, residents of Village Sharienwala, to challenge their conviction for the murder of Iqbal Singh of their village by the learned Additional Sessions Judge, Ferozepur, vide judgment dated November 26, 2002. Sarban Singh was convicted under Section 302 IPC and sentenced to undergo imprisonment for life and to pay a fine Rs. 5,000/-, in default of payment of fine to further undergo rigorous imprisonment for six months. The other three appellants were convicted under Section 302 read with Section 34 IPC and also sentenced to imprisonment for life with a fine of Rs. 1000/- each, in default of payment of fine to further undergo rigorous imprisonment for one month each. 2. At the out set, it may be pointed out that Mahla Singh-appellant No. 3 has died during the pendency of the appeal. Resultantly, the appeal qua Mahla Singh stands abated. 3. The occurrence in this case had taken place on November 17, 1997 at 11 A.M. At that time Balwinder Singh (PW-4) was sowing wheat in his fields. He heard a lalkara from the side of lqbal Singhs fields. Balwinder Singh ran to that side and saw that Sarban Singh, Sukhdev Singh, Raja Singh and Mahla Singh had surrounded Iqbal Singh. At that time, Sarban Singh was armed with a gandasa, whereas other three above named accused were armed with dangs. Iqbal Singhs wife Bharpur Kaur (PW-5) was also attracted to the spot on hearing the commotion. The attack was launched by Sarban Singh who raised a lalkara that he would teach Iqbal Singh a lesson for purchasing the land by outbidding him. Sarban Singh then gave gandasa blow which hit Iqbal Singh on his head. This was followed by Raja Singh, who also gave a dang blow on Sarban Singhs head. Then Sarban Singh again gave a gandasa blow from its sharp edged side, which hit Iqbal Singh on his right arm joint. Thereupon, while Iqbal Singh was lying on the ground, Sukhdev Singh and Mahla Singh inflicted dang blows on the face of Iqbal Singh. Sarban Singh continued raising lalkaras, while the other three accused inflicted more injuries on Iqbal Singh. Thereupon, while Iqbal Singh was lying on the ground, Sukhdev Singh and Mahla Singh inflicted dang blows on the face of Iqbal Singh. Sarban Singh continued raising lalkaras, while the other three accused inflicted more injuries on Iqbal Singh. In the meanwhile, Nirmal Singh also reached the spot and when Balwinder Singh raised a alarm, `Na Maro, Na Maro all the accused ran away from the spot with their respective arms. 4. Balwinder Singh and Bharpur Kaur arranged for transport and evacuated Iqbal Singh to Guruharsahai hospital. In the meanwhile, Iqbal Singhs son Darshan Singh also reached there. At the Guruharsahai hospital, Iqbal Singh was given first aid at 12.30 p.m. for his multiple injuries by Pharmacist Ajit Raj because Dr. R.K. Girdhar (PW-1) was away on tour at that time. Iqbal Singh was referred to Civil Hospital, Ferozepur for medical examination and further treatment. When Dr. R.K. Girdhar (PW-1) returned from tour, he sent information to the police about Iqbal Singhs arrival at Guruharsahai and his being referred to the Civil Hospital, Ferozepur. The information was recorded by Station House Officer, Police Station Guruharsahai. 5. In the meantime, Iqbal Singh was taken to Civil Hospital, Ferozepur, where he was medico legally examined by Dr. Gian Singh (PW-2) at 2.25 P.M., who found the following injuries on the person of lqbal Singh :- "1. An incised wound 15.0 cm x 3 cm bone deep on the right front parietal region. Bone was sharply cut with brain matter scut and protruded out with pieces. Bleeding was present freshly. Anterior posterior in direction 13 cm from right pinna. 2. A reddish contusion on the right cheek with swelling present around the contusion with swelling on the eyes, upper and lower eye lid. Dilated pupil slightly reacted to light. Contusion size 4 cm x 2 cm. 3. A lacerated wound 1 cm x 0.3 cm on the upper lip middle part front side. Fresh bleeding was present. 4. A lacerated wound 1 cm x 0.2 cm on the front and middle part of lower lip. Fresh bleeding was present. 5. A lacerated wound 1.2 cm x 0.3 cm on the front and middle part of nose. Underlying bone showed krepts and engulation. 6. A skin deep lacerated wound 2 cm x 0.3 cm on the front and upper part of right side of chest. Fresh bleeding was present. 7. Fresh bleeding was present. 5. A lacerated wound 1.2 cm x 0.3 cm on the front and middle part of nose. Underlying bone showed krepts and engulation. 6. A skin deep lacerated wound 2 cm x 0.3 cm on the front and upper part of right side of chest. Fresh bleeding was present. 7. A reddish abrasion 3.5 cm x 0.2 cm on the front and upper part of right side of chest. Medial to injury No. 6. 8. Two in number reddish contusion 10 cm x 3 cm and 14 cm x 2 cm on the front and lower part of right side of chest. 9. Two in number reddish contusion 14 cm x 3 cm and 6 cm x 2 cm on the lower part of chest and middle part front side. 10. An incised wound 3 cm x 1 cm on the back and upper part of right fore-arm. Fresh bleeding was present. Underlying bones shown krepts and engulation i.e. fracture underlying bone. 11. A lacerated would 6 cm x 1 cm x bone deep on the centre part of head parietal area towards left side of parietal area 12 cm from left pinna. 3 cm enterior from occipital tubercle. Fresh bleeding was present." 6. According to Dr. Gian Singh (PW-2), Iqbal Singh was unconscious at that time, his blood pressure was 130/80 MM of Hg, Pulse was 104 PM. pupils on the right side dilated but lightly reacted to light and pupils on the left side were constricted and were not reacting to light. There was twitching of the face and hemiplegia on left side was present. Injury No. 1 was declared dangerous to life. Injuries No. 5 and 11 were declared grievous but the rest injuries were declared simple in nature. Probable duration of the injuries was within six hours. Injuries No. 1 and 10 were inflicted with a sharp edged weapon and the rest with blunt weapons. 7. In the meanwhile, ASI Darshan Kumar (PW-11) of the Police Station Guruharsahai, Ferozepur, received the message from the Civil Hospital Guruharsahai and came to know about Iqbal Singh being sent to Civil Hospital, Ferozepur. He also received lqbal Singhs medico legal report through Police Station, City Ferozepur. When he reached Civil Hospital, Ferozepur, he sought the opinion of Medical Officer Dr. Gian Singh (PW-2) regarding lqbal Singhs fitness to make a statement. He also received lqbal Singhs medico legal report through Police Station, City Ferozepur. When he reached Civil Hospital, Ferozepur, he sought the opinion of Medical Officer Dr. Gian Singh (PW-2) regarding lqbal Singhs fitness to make a statement. The Medical Officer gave the opinion that lqbal Singh was unfit to make the statement. This opinion was given at 9.15 P.M. Iqbal Singh remained unfit to make a statement even on the following day till 9.10 A.M. 8. As the injured man remained unconscious and unfit to speak ASI Darshan Kumar (PW-11) recorded the statement of Balwinder Singh (PW-4) and on the basis of that statement sent a report to the Police Station Guruharsahai whereupon FIR was registered under Sections 307/326/325/323/34 IPC at 3.05 P.M. on November 18, 1997 against the accused-appellants. Thereafter, investigation of the case was handed over to ASI Harbans Singh (PW-12). 9. The Investigating Officer visited the spot on November 19, 1997, he prepared the site plan of the place of occurrence and lifted blood stained earth from the spot. Bloodstained parna was also handed over to him which he took into possession and on return to the Police station the case property was deposited with MHC. 10. On November 27, 1997, Iqbal Singh was referred to Dayanand Medical College and Hospital, Ludhiana, where he was admitted and treated by Dr. M.K. Sobti, Head of Department of Neuro-Surgery. On examination by Dr. M.K. Sobti (PW-8), it was found that Iqbal Singh had weakness on his left side. CT scan showed depressed fracture on right frontoparietal area. The patient was operated upon on November 28, 1997. His right parietal craniectomy was performed and the depressed fragment was taken out. Thereafter, neuro-plasty was done. However, in spite of the best efforts of the neuro-surgeon, Iqbal Singh, died on December 4, 1997 at 5.50 P.M. 11. A wireless message regarding death of Iqbal Singh at Dayanand Medical College, Ludhiana was sent to Police Station Guruharsahai on December 5, 1997 and the offence was converted to Section 302/34 IPC. ASI Harbans Singh (PW-12) proceeded to Ludhiana and conducted inquest proceedings on the dead body of Iqbal Singh which was lying in dead house. 12. After inquest proceedings, post-mortem on the dead body of Iqbal Singh was conducted at Civil Hospital, Ludhiana by Dr. ASI Harbans Singh (PW-12) proceeded to Ludhiana and conducted inquest proceedings on the dead body of Iqbal Singh which was lying in dead house. 12. After inquest proceedings, post-mortem on the dead body of Iqbal Singh was conducted at Civil Hospital, Ludhiana by Dr. Parvinder Pal Singh Sidhu, Orthopedic Surgeon (PW-3) on December 6, 1997 at 11.15 AM, who found the following injuries on the person of Iqbal Singh :- "1. 11 inch curved stitched wound across the scalp, starting from right, frontal region, covering right parietal and occipital area upto 3 inch behind the right ear. 2. 2 inch stitched wound on the top of skull/scalp joining the injury No. 1 in its middle. 3. 2 inch long stitched wound 2 inch behind the injury No. 2 on exploration of skull and removal of surgical stitched wounds i.e. Nos. 1, 2 and 3 parts of underline bones i.e. right frontal, right parietal and right temporal bone were missing, underlying mennings and parts of brain matter were also missing. With purulent pus discharge filling cranial cavity. 4. Blackish discolouration round right eye with underlying tissue contused. 5. Partly healed wound of size 1/2 inch x 1/4 inch on upper lip in its middle part. 6. Partially healed 1/2 x 1/4th inch wound on middle of nose with underlying nasal bone anoulated. 7. 4 x 1-1/2 inch blackish dis-colouration, on right lower part of chest, with underlying tissue contused. 8. Partially healed 1-1/4 x 1/4th inch on back of right upper third forearm, with underlying ulna fracture." 13. In the opinion of the Medical Officer, the cause of the death was shock due to septicemia, which was sufficient to cause death in due course of nature. 14. After the inquest and post-mortem, investigation was handed over to ASI Yadwinder Singh (PW-13). On December 7, 1997, ASI Yadwinder Singh (PW-13) raided village Sharianwala where Rajinder Singh @ Raja was produced by Major Singh, carrying a dang at that time, which was taken into possession. On December 11, 1997, Sukhdev Singh surrendered before the police along with a dang which was taken into possession. Mahla Singh and Sarban Singh were produced before the police on December 25, 1997 and handed over their respective dangs and gandasa, which were taken into possession and deposited with MHC. 15. After completion of investigation, the accused were sent to face trial. Mahla Singh and Sarban Singh were produced before the police on December 25, 1997 and handed over their respective dangs and gandasa, which were taken into possession and deposited with MHC. 15. After completion of investigation, the accused were sent to face trial. At the trial, Sarban Singh was charged with Section 302 IPC for the murder of Iqbal Singh, while Sukhdev Singh, Mahla Singh and Rajinder Singh were charged under Section 302 read with Section 34 IPC for having shared common intention with Sarban Singh to murder Iqbal Singh. The accused pleaded not guilty and claimed trial. 16. The prosecution examined Dr. R.K. Girdhar (PW-1), Dr. Gian Singh (PW- 2), Dr. Parvinder Pal Singh Sidhu (PW-3), Balwinder Singh (PW-4), Bharpur Kaur (PW-5), Kuldeep Singh (PW-6), C. Gurmit Singh (PW-7), Dr. M.K. Sobti (PW-8), ASI Jagdish Rai (PW-9), Patwari Sher Singh (PW-10), ASI Darsnan Singh (PW-11), ASI Harbans Singh (PW-12), ASI Yadwinder Singh (PW-13), Kaur Singh (PW-14) and C. Dharam Pal (PW-15). Report of the Chemical Examiner was also tendered in evidence. Statements of accused/appellants were recorded under Section 313 Cr. P.C. They denied the prosecution version and pleaded innocence. Sarban Singh and Rajinder Singh @ Raja also denied their presence at the spot, whereas Sukhdev Singh gave a counter-version of the occurrence in the following manner :- "...On day of occurrence at noon, I was present in my field, sowing wheat. My servant Bala Singh was also present with me. Iqbal Singh armed with gandasa, accompanied by Bharpur Kaur gave me injuries on head. My Siri lifted arm and took me to hospital, Guruharsahai and then referred to Guru Gobind Singh College and Hospital, Faridkot. I had dispute of Watt with Iqbal Singh that is why he gave me injuries. I gave injuries to Iqbal Singh in self-defence. Rajinder Singh, Mahla Singh and Sarwan Singh reside separately from me. They were not present at the time of occurrence..." When the accused were called upon to lead evidence in defence, they examined Dr. Kuldip Kumar (DW-1), who as an Emergency Medical Officer, Medical College, Faridkot, had medicolegally examined Sukhdev Singh at 10.30 PM on November 17, 1997. Sukhdev Singh was conscious at the time of examination and his pulse was 80 beats per minute, blood pressure was 110/80. Kuldip Kumar (DW-1), who as an Emergency Medical Officer, Medical College, Faridkot, had medicolegally examined Sukhdev Singh at 10.30 PM on November 17, 1997. Sukhdev Singh was conscious at the time of examination and his pulse was 80 beats per minute, blood pressure was 110/80. He had the following injury on his person : "8 cm x 1/2 cm bone deep half moon shape incised wound with bleedings present over left parietal one, 20 cm above the left ear and x-ray was advised." 17. According to the Medical Officer, the injuries had been received within six hours caused with a sharp-edged weapon. 18. Learned Additional Sessions Judge was not at all impressed by the defence argument that the prosecution case was weak on account of delay of 24 hours in the registration of the case at Police Station Guruharsahai. The learned Judge was of the view that the delay had been explained since Iqbal Singh was first taken to Civil Hospital, Guruharsahai, where the Doctor was not available and as such he was referred to Civil Hospital, Ferozepur, where he was admitted and medico-legally examined on the same day at 2.30 P.M. The doctor at the Civil Hospital, Guruharsahai had later informed the police. When the Investigator tried to record Iqbal Singhs statement late that evening, Iqbal Singh was found to be unfit to make a statement and remained so on the following morning. Thereafter statement of Balwinder Singh was recorded and consequently FIR was registered. Therefore, delay stood fully explained. 19. The second contention of the learned defence counsel, that the witnesses were closely related to the deceased, therefore, the prosecution story stood discarded was rejected in view of the cross-case registered under Section 324 IPC. Furthermore, no material was found to shake the truth and veracity of the eye witnesses. 20. The learned Judge found that the prosecution case stood corroborated by medical evidence and also by other circumstances. The accused could not take any benefit from the solitary injury received by Sukhdev Singh because it did not coincide in time with the main occurrence. The learned Judge also rejected the defence argument that the deceased had died due to septicemia and the offence would not fall under Section 302 IPC. 21. In appeal, it has been vehemently argued that the prosecution and defence evidence has not been properly appreciated. The learned Judge also rejected the defence argument that the deceased had died due to septicemia and the offence would not fall under Section 302 IPC. 21. In appeal, it has been vehemently argued that the prosecution and defence evidence has not been properly appreciated. Balwinder Singh (PW-4) was Iqbal Singhs brother-in-law, the two of them were married to sisters. The deceased was also Balwinder Singhs uncle from the brotherhood, therefore, Balwinder Singh was an interested witness. Bharpur Kaur (PW-5) was the wife of the deceased, who was also naturally an interested witness. It has further been submitted that the Police Station, Guruharsahai adjoins Civil Hospital, Guruharsahai, where the injured Iqbal Singh had first been taken. The witnesses have not explained why the matter was not reported to the Police Station Guruharsahai, while Iqbal Singh was being attended to in the neighbouring Civil Hospital. Furthermore, when the Investigating Officer reached Ferozepur, he took the opinion of the Medical Officer to record the statement of Iqbal Singh. If Balwinder Singh and Bharpur Kaur were present at Civil Hospital, Ferozepur then they should have themselves volunteered to disclose the circumstances of the case to the Investigating Officer. This was not done, nor was any plausible reason forthcoming. On account of this, the prosecution case was highly doubtful and the prosecution version based on something which was result of consultation and deliberations. It was not the real version of what had happened on the morning of November 17, 1997. 22. The learned counsel further argued that Sukhdev Singh received an injury on his head and he had put forward a counter story which was quite a plausible one. The medical evidence of the injuries corroborated Sukhdev Singhs version contained in his statement under Section 313 Cr. P.C that Iqbal Singh armed with gandasa accompanied by Bharpur Kaur (PW-5) injured him on his head. Sukhdev Singh was taken to a hospital, Guruharsahai and from there he was referred to Guru Gobind Singh College and Hospital, Faridkot. Iqbal Singh had inflicted the injuries on him whereupon Sukhdev Singh had inflicted injuries on Iqbal Singh in self-defence. It was also argued that the accused were old men. Mahla Singh (appellant No. 3) was 90 years of age at the time of framing of the charge, his sons Sarban Singh (appellant No. 1) and Sukhdev Singh (appellant No. 2) were 70 and 65 years old, respectively. It was also argued that the accused were old men. Mahla Singh (appellant No. 3) was 90 years of age at the time of framing of the charge, his sons Sarban Singh (appellant No. 1) and Sukhdev Singh (appellant No. 2) were 70 and 65 years old, respectively. Such old men would not have taken part in the attack upon Iqbal Singh. 23. We are not convinced with the arguments of the learned counsel for the appellants because neither was the delay crucial in this case nor the defence version a plausible one. It may be another matter if either of the two factors had been present. If there was unexplained delay in reporting the matter to the police then we would certainly have examined the defence version more closely and less critically. Likewise, if the defence version per se was a more plausible one then we may have taken a view that the prosecution case was based on consultations between the witnesses and was not what had been spontaneously revealed by them to the Investigating Officer. We may even have concluded that Iqbal Singh was alone in his fields, no one had seen what had happened, Iqbal Singh himself had been rendered unconscious after attack and had not revealed the names of the accused, therefore, the version given by Balwinder Singh (PW-4) was a concocted one. 24. We are unable to hold the delay as a crucial factor because Iqbal Singh had been seriously injured and had become unconscious, for this reason the anxiety of the family was to get him in to the hospital for treatment. If Iqbal Singh had died at the spot and still the matter had taken 24 hours to be reported to the police, the delay would have certainly been a serious defect in the prosecution case. In the present case Iqbal Singh was inflicted injuries at about 11 AM, he was given first aid at Civil Hospital, Guruharsahai at 12.30 P.M. and then referred to the Civil Hospital, Ferozepur. In the present case Iqbal Singh was inflicted injuries at about 11 AM, he was given first aid at Civil Hospital, Guruharsahai at 12.30 P.M. and then referred to the Civil Hospital, Ferozepur. It is true that Police Station Guruharsahai adjoins the Civil Hospital, Guruharsahai but reference of the injured man to the hospital at Ferozepur showed that the injuries were very grave and medical treatment was given preference over police investigation and once the injured was admitted to hospital at Ferozepur, Balwinder Singh (PW-4) and Bharpur Kaur (PW-5) naturally got busy in arranging for treatment and purchase of medicines etc. The Investigating Officer did reach the hospital at about 9 P.M. but was unable to record Iqbal Singhs statement since he was declared unfit by the Medical Officer. Iqbal Singh remained in this state till next morning. Consequently, Iqbal Singhs statement was never recorded and the case was registered on the statement of Balwinder Singh (PW-4). Under these circumstances, the delay in reporting the matter to the police stands satisfactorily explained. 25. As regards the defence put forth by Sukhdev Singh, it can be seen that his medicolegal report was based on his examination at 10.30 P.M. and it shows that the injuries were about 6 hours old. Therefore, the injuries were probably inflicted at 4.30 P.M. By this time Iqbal Singh had not only been shifted to Civil Hospital, Guruharsahai but he had also reached the Civil Hospital, Ferozepur. The injury on Sukhdev Singh was not one that was inflicted at the time of occurrence. Therefore, it is somewhat surprising that Sukhdev Singh had pleaded that he was injured first and had acted in self- defence. Furthermore, Sukhdev Singh in his statement under Section 313 Cr. P.C. did not reveal the weapon that he had used to inflict a large number of injuries on Iqbal Singh, supposedly in self-defence. He did not examine his servant Bala Singh as a defence witness. The nature and extent of injuries received by Iqbal Singh establishes that two types of weapons were used, as Iqbal Singh had two incised wounds, five lacerated wounds and four reddish contusions. This showed that at least two if not three different weapons were used but Sukhdev Singh does not explain how these eleven injuries were inflicted. Indeed Sukhdev Singh gave no explanation about these injuries at all. This showed that at least two if not three different weapons were used but Sukhdev Singh does not explain how these eleven injuries were inflicted. Indeed Sukhdev Singh gave no explanation about these injuries at all. Therefore, the defence pleaded by Sukhdev Singh is an incredible one and cannot be accepted. 26. We have examined the record of the case very carefully and are convinced that deceased Iqbal Singh was attacked by Sarban Singh, Sukhdev Singh, Mahla Singh and Rajinder Singh @ alias Raja. Sarban Singh was armed with gandasa while other accused were armed with dangs. Sarban Singh inflicted fatal injuries while the other accused acted in furtherance to common intention and had inflicted wounds on Iqbal Singh. The deceased was treated by Dr. M.K. Sobti (PW-8), Head of Neuro Surgery, DMC, Ludhiana on November 28, 1997 and his right parietal craniectomy was performed. A depressed fragment was taken out and duroplasty was done. It is true that in the post-mortem examination the cause of death was given as septicemia but the source of septicemia was not revealed by the concerned Medical Officer. Therefore, it cannot be definitely said that septicemia was unrelated to the head injuries and was a hospital acquired infection. The deceased had died 6 days after surgery was performed, therefore, it can be safely said that the deceased had died on account of head injuries which were sufficient to cause death in the normal course of nature. The act of Sarban Singh was punishable under Section 302 IPC. 27. In view of the above discussion, we find no merit in this appeal. The same is hereby dismissed.