JUDGMENT 1. - Challenge in this appeal is to the judgment dated April 16, 2002 of the learned Additional Sessions Judge No. 1 (Fast Track) Jaipur City, whereby appellant was convicted and sentenced under section 302 IPC to suffer imprisonment for life and fine of Rs. 100/-, in default to further suffer rigorous imprisonment for one year. 2. It is the prosecution case that on July 8, 2001 around 11 PM. informant Abdul Salam (PW.1) submitted a written report (Ex.P-1) at Police Station Kotwali Jaipur to the effect that his son-in-law Jahiruddin who was residing with him, was attacked with Chhurri (knife) by his son Nisar (appellant). Jahiruddin became unconscious and was removed to hospital. On that report a case was registered under section 307 IPC and investigation commenced. During the course of treatment injured succumbed to his injuries and section 302 IPC was added. Autopsy was performed, necessary memos were drawn, statements of witnesses were recorded, appellant was arrested and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge No. 1, Jaipur City, Jaipur. Charge under section 302 IPC was framed against the appellant, who denied the charge and claimed trial. The prosecution in support of its case examined as many as 14 witnesses. In the explanation under Section 313 CrPC, the appellant claimed innocence. No witness in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated hereinabove. 3. Death of Jahiruddin was concededly homicidal in nature. As per Post Morem report (Ex.P-30) following antemortem injuries were found on the dead body : 1. Incised punctured wound of size 2.5 x 1.0 cm scapula deep on right scapula region obliquely placed. Further there is fracture of blade of scapula correspondingly 1.5 x 3'4 cm with clotted blood. 2. Incised punctured wound of size 3.0 x 1.0 cm x abdominal cavity deep on right side back of chest just below the costal region 6.0 cm away from mid vertebral line on further dissection this wound has penetrated upto the level of right kidney which is showing mixed wound of sized 2.5 x 1.0 cm x 11/2 at its inner aspect with antemortem retropertonial hematoma. 3. 3. Incised punctured wound 4.0 x 11/2 cm x abdominal cavity deep on just' over and right side to vertebral spine on further dissection this wound found reaching upto the level poster surface of left kidney in middle part evident as incised wound of size 1.5 x 1.0 cm x 3/4 cm outer antemortem hematoma vertebral bodies found intact. 4. Incised punctured wound of size 4 x 11/2 cm x abdominal cavity deep on left side front of abdomen 5.5 cm lateral to umbilicus on dissection this wound found communicating outer the anterior surface of stomach by an incised wound of size 2 x 1.0 cm above puncturing its peritoneal covering on further dissection there is another punctured incised wound opposite to the anterior surface of stomach more on left side of size f.5 x 1/2cm. Both these wounds found draining contents of the stomach upto the peritoneal cavity. 5. Incised wound 1.0 x 1/2x muscle deep on left costal margin in middle part with clotted blood. 6. Three incised wounds of size 2.0 x 11/2 x muscle deep, 3.0 x 11/2 cm x muscle deep and 3.0 x 1.0 cm x muscle deep on outer lateral aspect of left arm with clotted blood. 7. Incised wound 9.0 x 3.0 x muscle deep on left forearm upper ⅓ antero medially with clotted blood. 8. Incised wound 5 x 1 V2 cm x muscle deep on dorsal aspect of left hand at the left of index finger base with clotted blood. 9. Abrasion 2.5 x 1.0 cm on right side back of knee with clotted blood. 10. Diffuse swelling on right parietal region on dissection subscalp hematoma 41/2'x 3.0 cm over right parietal eminence. In the opinion of Dr. Shiv R. Kochar (Pw.14) the cause of death was hemorrhagic shock as a result of injuries. 4. The prosecution case is founded on the testimony of Abdul Salam (Pw.1) and Firdos (Pw.7) who were examined as eye-witnesses of the incident. Chhurri allegedly used in the commission of offence was got recovered at the instance of the appellant. FSL report (Ex.P-22) testifies that the clothes found on the dead body, clothes recovered at the instance of 1 appellant and Chhurri were stained with `A' group human blood. 5. Corroborating the contents of the FIR informant Abdul Salam (Pw.1) deposed that Jahiruddin was his son-in-law and was residing with him and running tea-stall. FSL report (Ex.P-22) testifies that the clothes found on the dead body, clothes recovered at the instance of 1 appellant and Chhurri were stained with `A' group human blood. 5. Corroborating the contents of the FIR informant Abdul Salam (Pw.1) deposed that Jahiruddin was his son-in-law and was residing with him and running tea-stall. On July 8, 2001 while Jahiruddin was going to sleep, Nisar Ahmad inflicted several blows with Chhurri on his person. Hearing cries when the informant reached at the spot he saw Nisar Ahmad armed with Chhurri. At, that time Nisar told him that he had killed Jahiruddin. Firdaus (Pw.7), wife of Jahiruddin, deposed that Nisar used to quarrel with his father because he helped her husband in opening the tea-stall. She had seen Nisar inflicting blows with Chhurri on the person of her husband. Despite searching cross examination testimony of Abdul Salam and Firdaus could not be shattered. Abdul Salam is the father of the appellant, whereas Firdaus is his real sister. 6. Learned counsel for the appellant criticised the evidence of these witnesses and urged that since they had not seen the evidence (sic. incident ?), no reliance could be placed on their testimony. In order to appreciate the submissions we have closely scrutinised the statements of witnesses. We find that presence of these witnesses at the time of incident is established. On examining the evidence of these witnesses from . the point of view of trustworthiness we find them highly reliable. We see no reason to disbelieve the evidence of father and sister. Why would they falsely implicate their own kith and kin ? 7. Recovery of incriminating articles, at the instance of appellant is also established beyond reasonable doubt. Bagh Singh 10 (Pw.12) deposed that on receiving the report he registered the case and arrested the appellant vide arrest memo Ex.P-7, and blood stained clothes of appellant were recovered vide memo Ex.P-8. On the basis of disclosure statement of appellant (Ex.P-20) Chhurri stained with blood was recovered vide memo Ex.P-21. Blood stained clothes found on the bodies of deceased and witnesses were got recovered and sent to FSL for examination. A look at FSL report (Ex.P-22) reveals that all these articles were stained with human blood of group 'A'. Thus from the ocular and circumstantial evidence charge under section 302 IPC is proved beyond reasonable doubt against the appellant. 8. Blood stained clothes found on the bodies of deceased and witnesses were got recovered and sent to FSL for examination. A look at FSL report (Ex.P-22) reveals that all these articles were stained with human blood of group 'A'. Thus from the ocular and circumstantial evidence charge under section 302 IPC is proved beyond reasonable doubt against the appellant. 8. For these reasons, we find no merit in these appeals and they accordingly stand dismissed. Conviction and sentence of appellant under section 302 IPC are maintained.Appeal Dismissed. *******