Judgment Prafulla C. Pant, J. This appeal, preferred under Section 374 of Code of Criminal Procedure, 1973 (herein after referred as Cr.P.C.), is directed against the judgment and order dated 30.09.1993, passed by IIIrd Additional Sessions Judge, Nainital, in Sessions Trial No. 127 of 1991, whereby accused/appellant Ishwari Ram, is convicted under Section 302 and also under Section 307 of Indian Penal Code, 1860 (herein after referred as I.P.C.), and sentenced to undergo imprisonment for life (under Section 302 I.P.C.), and rigorous imprisonment for a period of five years (under Section 307 I.P.C.) 2. Heard learned counsel for the parties and perused the lower court record. 3. It is a day light DOUBLE MURDER CASE. Prosecution story in brief is that on 28.02.1991, it was a day of HOLI (festival of colours). Accused/appellant Ishwari Ram, Constable of Armed Constabulary (Constable No. 438 A.P.) was on his duty of double lock in the sub treasury, Kaladhungi from 12:00 noon to 3:00 p.m. In the Tehsil compound of Kaladhungi, people were playing HolL At about 1:00 p.m., Head Constable Alam Singh (P.W. 1) heard sound of firing a shot. At that point he was infront of the treasury. He rose from the place where he was sitting and saw that Diwan Singh (one of the deceased), Peon of the treasury, came towards him in an injured condition and told him that Ishwari Ram (accused/ appellant) has fired shot at him. Thereafter he (Diwan Singh) fell down. Meanwhile, Constable No. 383 AP Narendra Singh (another deceased), went towards Ishwari Ram asking him why he has fired shot on which the accused/appellant (Ishwari Ram) fired next shot at Constable Narendra Singh. Seeing this, Head Constable Alam Singh (P.W. 1) gathered courage and tried to overpower Ishwari Ram, who fired one shot at him, which hit at his left hand. However, with the help of other Constables, namely Surendra Singh (P.W. 2) and Constable Girish Chandra, he (Alam Singh) overpowered Ishwari Ram and rifle, was snatched from him (Ishwari Rani). Head Constable Alam Singh (P.W. 1) after handling over Ishwari Ram to above mentioned Constables, went to Police Station Kaladhungi with the rifle and cartridges, snatched from the accused and lodged First Information Report (Ext.. Head Constable Alam Singh (P.W. 1) after handling over Ishwari Ram to above mentioned Constables, went to Police Station Kaladhungi with the rifle and cartridges, snatched from the accused and lodged First Information Report (Ext.. A-I) at about 1:30 p.m. (i.e. within 1/2 an hour of the incident) on 28.02.1991.Acheck report (Ext.A-10), was prepared on the basis of First Information Report at the Police Station and case crime No. 57 of 1991, was registered against accused/appellant Ishwari Ram. Necessary entry was made in the general diary. The crime was investigated by Shri S.P. Singh, Station Officer of P.S. KaladhungL The injured Diwan Singh, Narendra Singh and Alam Singh were then taken to the Base Hospital, Haldwani. Dr. P.O. Pande (P.W.6) who was Medical Officer in Base Hospital, Haldwani, at 2:40 p.m. examined the injuries of Diwan Singh and prepared injury report (Ext. A-7). He further examined injuries on the person of Narendra Singh at 2:55 p.m. on that very day i.e. 28.02.1991, and prepared injury report (Ext. A-8). Thereafter, at 5:00 p.m. the same Medical Officer examined injuries on the person of Alam Singh and prepared injury report (Ext. A-9). All the three had received fire arm injuries. The injured Diwan Singh, succumbed to the injuries on the very day and died. The dead body of the deceased Diwan Singh was taken in possession by the police and necessary papers, inquest report (Ext. A17), police form No. 13 (Ext. A-14), sketch of the dead body (Ext. A-13), and letter to Chief Medical Officer (Ext A-15), were got prepared by police arid the dead body was sent in a sealed cover for post mortem examination. Autopsy was conducted on the dead body of Diwan Singh on 28.02.1991, at 10:00 p.m. (Night) by Dr. A.N. Saxena (PW. 5), who prepared post mortem examination report (Ext. A-6). Said Medical Officer opined that the deceased had died due to shock and haemorrhage as a result of ante mortem injuries. (The ante mortem injuries are the gun shot injury of entry on the back and gun shot injury of exit in the abdomen). Later since injured Narendra Singh also succumbed to. the injuries, his dead body was also taken in possession by the police and inquest report (Ext. A-16), police form No. 13 (Ext. A-21), sketch of the dead body, sample seal (Ext. A-22), and letter to Chief Medical Officer (Ext. Later since injured Narendra Singh also succumbed to. the injuries, his dead body was also taken in possession by the police and inquest report (Ext. A-16), police form No. 13 (Ext. A-21), sketch of the dead body, sample seal (Ext. A-22), and letter to Chief Medical Officer (Ext. A-20), were got prepared by the police on 01.03.1991. The dead body was sent in a sealed cover for post mortem examination. Dr. K.K. Mishra conducted post mortem examination on 01.03.1991, at about 4:00 p.m. and prepared autopsy report (Ext. A-23). Said Medical Officer opined that Narendra Singh has died due to shock and haemorrhage as a result of ante mortem injury. During investigation, apart from interrogating the witnesses, the police took the blood stained soil and simple soil from the place of incident. Also, empty cartridges were recovered from the spot and memorandum (Ext. A-5) was prepared. The rifle recovered at the time of incident from the accused/appellant was sent along with empty cartridges to the Forensic Expert for examination. After completion of the investigation, the police submitted charge sheet (Ext. A-29) against accused Ishwari Ram for trial in respect of offences punishable under Section 302 I.P.C. (for commission of murder of Diwan Singh and Narendra Singh) and relating to offence punishable under Section 307 I.P.C. (for attempting to commit murder of Alam Singh). 4. The Magistrate, on receipt of the charge-sheet after giving necessary copies to the accused, as required under Section 207 Cr.P.C., appears to have committed the case to the Court of Sessions for trial. Learned Sessions Judge appears to have transferred the case to the Court of Additional Sessions Judge. After hearing the parties, on 25.09,1991, Additional Sessions Judge, Nainital, framed charges of offences punishable under Sections 302 and 307 I.P.C. against the accused Ishwari Ram, who pleaded not guilty and claimed to be tried. On this, prosecution got examined P.W. 1 Head Constable Alam Singh (complainant and eye witness), P. W. 2 Constable Surendra Singh (another eye witness), P.W. 3 Bhagwan Swaroop (third eye witness), P.W. 4 Gopal Datt (in whose presence blood stained soil, simple soil and empty cartridges were taken by the Police and memorandums Ext. A-3, Ext. A-4 and Ext. A-5, were prepared), P.W. 5 Dr. A-3, Ext. A-4 and Ext. A-5, were prepared), P.W. 5 Dr. A.N. Saxena (who recorded the injuries found on the person of Diwan Singh, Narendra Singh and Alam Singh, when they were brought to Base hospital, Haldwani, on 28.02.1991), and P. W. 6 Dr. P.O. Pande (who conducted post mortem on the dead body of Diwan Singh). The defence admitted genuineness of certain documents and dispensed with formal proof of post mortem examination report (prepared by Dr. K.K. Mishra) of Narendra Singh and other papers on record, prepared by the Investigating Officer. Forensic Expert's report (Ext. A-30) was also taken on record. The entire oral and documentary evidence was put to the accused under Section 313 Cr.P.C. In reply to the questions put to the accused, he admitted that on 28.02.1991, he was on duty as a Guard in Kaladungi Tehsil on the day of incident. He further admitted that he was given rifle and 20 round cartridges for performing the duty. He also admitted in his examination under Section 313 Cr.P.C. that 28.02.1991, was a day of Holi festival. However, rest of the evidence was alleged by him as false. The trial court after hearing the parties found that the charge of offence punishable under Section 302 I.P.C. and one punishable under Section 307 I.P.C. are proved against accused Ishwari Ram. After pronouncing the judgment on 29.09.1993, it fixed 30.09.1993, as the date for hearing on sentence. After hearing on sentence, the trial court sentenced the convict to imprisonment for life under Section 302 I.P.C. and rigorous imprisonment for five years under Section 307 I.P.C. Aggrieved by said judgment and order, passed by Ilird Additional Sessions Judge, Nainital, in Sessions Trial No. 127 of 1991, this appeal was filed before Allahabad High Court on 02.11.1993, where it was admitted on 04.11.1993, by said court. The appeal is received by this Court by transfer under Section 35 of U.P. Reorganisation Act, 2000, for its disposal. 5. Before further discussions, we think it just and proper to mention here the injuries found on the person of deceased Diwan Singh, deceased Narendra Singh and injured Alam Singh by P.W. 6 Dr. P.D. Pande on28.02.1991, when the three were taken in an injured condition to Base Hospital, Haldwani. 5. Before further discussions, we think it just and proper to mention here the injuries found on the person of deceased Diwan Singh, deceased Narendra Singh and injured Alam Singh by P.W. 6 Dr. P.D. Pande on28.02.1991, when the three were taken in an injured condition to Base Hospital, Haldwani. Injuries found on the person of Diwan Singh at the time he was taken to hospital, which are recorded in Ext.A-7, are being reproduced below: 1. Wound of exit 5cm x 4cm x depth under observation. On right side of abdomen 5cm above and lateral to umbilicus. Bleeding present. 2. Wound of entry .5cm x .5cm x depth under observation Right back 1.5cm right to midline and 13cm above and posterior to spine right side. Bleeding present. No blackening and tattooing present. Injuries found on the person of Narendra Singh before his death, by Dr. P.D. Pande (P. W. 6), which are recorded in Ext. A-8, are reproduced below: 1. Wound of entry on right side abdomen, 3.5 cm below umbilicus .5cm x .5cm x depth under observation. Bleeding present. No blackening and tattooing present- . 2. Wound of exit 3cm x 2cm x depth under observation on right hip 5.5cm above and right from top of anal furred. Bleeding present. Injuries found on the person of Alam Singh on the same day by the same Medical Officer, which are recorded in Ext.A-9, are reproduced below: 1. Wound of entry .8 x .5.cm x depth under observation on left forearm. Exterior aspect, 8cm above wrist joint. Bleeding present. No blackening, and tatooing present. 2. Wound of exit 2cm x 1cm x depth under observation on left forearm back, 13cm above wrist joint. Bleeding present. 6. Now we come to post mortem examination reports. The post mortem report (Ext. A-6) prepared by P.W. 5 Dr. A.N. Saxena after conducting autopsy on the dead body of Diwan Singh, at 10:00- p.m. on 28.02.1991, disclosed following ante mortem injuries: 1. Gun shot wound entry 1cm X 1cm X cavity deep on right side back 1.5cm right from midline at level of L3, margins inverted and lacerated. No blackening, scorching and tattooing. 2. Gun shot wound exit 4.5 X 4cm through and through communicating injury NO.1. Right side front of abdomen 5cm right from umbilicus just below costal margin and lacerated. Margins everted and lacerated. Omentum coming out of wound. No blackening, scorching and tattooing. 2. Gun shot wound exit 4.5 X 4cm through and through communicating injury NO.1. Right side front of abdomen 5cm right from umbilicus just below costal margin and lacerated. Margins everted and lacerated. Omentum coming out of wound. The Medical Officer opined that Diwan Singh has died due to shock and haemorrhage, as a result of ante mortem injuries. 7. Post Mortem examination report (Ext. A-23) prepared by Dr. K.K.• Mishra, a formal proof is dispensed with by the defence, discloses following ante mortem injuries found at the time of autopsy on 01.03.1991, at 4:00 p.m.: 1. Stitched wound 22cm long with 21 stitches present in the paramedian side, 11 cm below Xphisterm. 2. Gun shot wound of entry 1 cm X 1 cm X abdomen cavity deep on the right side of abdomen, 8cm below umbilicus at r clock position. No blackening or tattooing, margins inverted. 3. Wound of firearm exit 3cm X 3cm on the back of right buttock upper part through and through communicating with injury NO.2. Margins everted, lacerated. 4. Stitched wound 2cm long and corrugated rubber sheet, on the right side of abdomen, 6cm, above right iliac crest. 5. Stitched wound 2cm long with corrugated rubber sheet from the wound on the left side of abdomen, 4 cm above iliac crest. Medical Officer opined that the cause of death of Narendra Singh was shock and haemorrhage due to antemortem injuries. 8. Now the oral testimony of eye witnesses. P. W. 1 Head Constable Alam Singh, narrating the story has stated that on 28.02.1991, he was posted as Head Constable Guard in Kaladhungi Tehsil and on that day according to the witness, it was the duty of Ishwari Ram (accused/appellant) to guard the treasury from 12:00 noon to 3:00 p.m. The witness further states that it was a day of Holi. He was sitting at the place of flag hoisting platform, when he heard sound of firing shot and saw Diwan Singh, Peon in an injured condition with right hand on his abdomen, running towards him and who told him that (your Constable has fired at me without any reason). P.W. 1 Alam Singh further States that meanwhile Constable Narendra Singh came to stop Constable Ishwari Ram (accused/appellant) on which he fired next shot at him (Narendra Singh). Narendra Singh sat down after receiving fire arm injury. P.W. 1 Alam Singh further States that meanwhile Constable Narendra Singh came to stop Constable Ishwari Ram (accused/appellant) on which he fired next shot at him (Narendra Singh). Narendra Singh sat down after receiving fire arm injury. Thereafter, Ishwari Ram fired atAlam Singh, which hit on his hand. On this, Alam Singh with the help of Constable Girish Chandra and Constable Surendra Singh (P.W. 2) overpowered Ishwari Ram and snatched the rifle. The witness further states that he got the First Information Report (Ext. A-1 ) lodged with the police station Kaladhungi against accused Ishwari Ram. The witness further states that later Diwan Singh and Narendra Singh died of injuries. The statement of this witness gets full corroboration from the medical evidence already mentioned above. He is not ordinary eye-witness but an injured eye-witness. His testimony cannot be disbelieved. This Court is conscious of the 'fact-that the incident is a day light one. 9. Apart from the above, statement of P.W. 1 Alam Singh, an injured eye-witness which is natural and trustworthy, the prosecution story is further corroborated by- the testimony of P.W. 2 Constable Surendra Singh and P.W. 3 Bhagwan Swaroop Naib Nazir of Tehsil Kaladhungi (both eye witnesses). There is nothing in the cross examination of the eyewitnesses, which doubt their testimony. The trial court has rightly appreciated the evidence on record and there is no infirmity in the conclusions arrived at by said court. 10. On behalf of the appellant, it is argued that no motive is proved on the record for commission of murder of Diwan Singh and Narendra Singh or to attempt to commit murder of Alam Singh. No doubt, the prosecution has not disclosed that why Ishwari Ram fired shots at Diwan Singh, Peon of the treasury, Constable Narendra Singh, and Head Constable Alam Singh. But merely for that reason, the eye-witness account given by the witnesses, of a day light incident cannot be disbelieved. The motive in such a case is of little importance. 11. Shri Nand Prasad, learned counsel for the accused appellant drew attention of this Court to the contradictions in the statement of P. W. 1 Alam Singh and P.W. 2 Surendra Singh. The motive in such a case is of little importance. 11. Shri Nand Prasad, learned counsel for the accused appellant drew attention of this Court to the contradictions in the statement of P. W. 1 Alam Singh and P.W. 2 Surendra Singh. In this connection, he referred to the fact that P. W. 1 Alam Singh has stated in his cross examination that after searching the empty cartridges, he went to police station, while P. W. 2 Surendra, Singh says that when the empty cartridges were searched out, Alam Singh was not there. Similarly, other contradiction is also pointed out that P.W. 1 Alam Singh has stated that Narendra Singh attempted to stop Ishwari Ram but P.W. 2 Surendra Singh does not say so, These are minor contradictions, which show that statements of the witnesses are not parrot like statement and such contradictions do occur as every person has a different power of observation and comparatively better or bad memory. We are of the view that aforesaid contradictions pointed out do not create any reasonable doubt as to the truthfulness of the prosecution story. 12. Third submission, made on behalf of the appellant is that the rifle number is not mentioned in First Information Report. We do not find much substance in this contention for the reason that First Information Report is not an encyclopedia and every minor detail is not required to be given in the First Information Report. Particularly when the same is being lodged by a person who himself has just suffered the firearm injury and was on his way to hospital. 13. It is also argued on behalf of the appellant that name of Bhagwan Swaroop (P.W.3) is not mentioned in the First Information Report. On its basis it is submitted that the presence of this witness is doubtful at the place of incident. We have carefully examined the evidence on record and found that in the First Information Report expression (other officials of tehsil) is clearly mentioned and P.W. 3 Bhagwan Swaroop is Naib Nazir of Tehsil Kaladhungi, where the incident had occurred, as such, his presence at the spot cannot be doubted on the above ground. 14. We have carefully examined the evidence on record and found that in the First Information Report expression (other officials of tehsil) is clearly mentioned and P.W. 3 Bhagwan Swaroop is Naib Nazir of Tehsil Kaladhungi, where the incident had occurred, as such, his presence at the spot cannot be doubted on the above ground. 14. For the reasons, as discussed above, we do not find any error of law or that of the fact committed by the trial court in convicting the accused under Sections 302 and 307 LP.C. We concur with the conviction recorded by the trial court and sentences awarded by said court to the accused/appellant Ishwari Ram. Therefore, the appeal is liable to be dismissed. The same is dismissed. Appellant ishwari Ram is on bail. His bail is cancelled. He shall surrender before the court concerned. The trial court record be send back to ensure that the concerned appellant Ishwari Ram serves out the remaining part of the sentence awarded against him.