MR. JUSTICE ALOK K. SINGH, J. 1. Under challenge in this appeal is the judgment and order dated 06. 09. 1988 passed by Sri K. M. Chaturvedi, the then Special Judge, Unnao convicting the appellant Munnal Lal under Section 302 I. P. C. and sentencing him to undergo imprisonment for life and further convicting him under Section 201 I. P. C. and sentencing to undergo four years rigorous imprisonment. Both the sentences of imprisonment were directed to run concurrently. 2. Briefly stated the facts of the case, as born out from the lower court record, are that on 26. 07. 1986 Smt. Ram Pyari widow of Puttu Lal resident of Mohalla Topkhana, Town Miyanganj, Police station Asiwan, District Unnao got a hand written report scribed by one Prem Shankar Shukla son of Ram Shankar resident of village and police station Asiwan, district Unnao and after putting her thumb impression, she lodged the report at police station Asiwan at 3. 15 p. m. saying that about seven years before, she had solemnized the marriage of her daughter, Deshpati with Munna Lal (convict) son of Radhey Shyam resident of Mohalla Mahaveer Prasad Dwivedi Nagar, police station Juhi, Kanpur. Since then her son-in-law Munna Lal was living with her and used to run a medical clinic which was yielding good income. But for the last one year, the business of medical clinic became standstill due to which the financial position of her son-in-law became very bad. In half portion of her house one Ram Karan Tiwari, who is an employee in the Electricity Department used to live as tenant along with his family. On 26. 07. 1986, at about 2. 30 p. m. , the complainants son-in-law confined himself, his wife, daughter Indresh and minor son Bholu in a Kothari and latched it from inside and then he started beating his wife Smt. Deshpati. On her shrieks, the first informant, her daughter-in-law Smt. Maha Dei widow of Rajjan Lal and her son Saket Kumar and Smt. Rani Devi wife of Ram Karan Tiwari rushed to the spot and dashed at the door of the Kothari but it was bolted from inside. Then, the first informant saw through eastern grating that the convict was beating her daughter with iron pipe (Fukni) and Silbatta (made of stone ). Then, the first informant saw through eastern grating that the convict was beating her daughter with iron pipe (Fukni) and Silbatta (made of stone ). On their raising alarm Bhaiyya Lal Gupta son of Gopi Nath Gupta, Shiv Balak son of Moti Yadav, Laxmi Chand son of Mool Chand Gupta, Shabbir Ahmad son of Abdul Hasan, Zahir son of Hamid and Kamlesh Kumar Gupta son of Ram Swaroop Gupta, all residents of Mohalla Topkhana Town Miyanganj and several other persons reached at the spot and tried to get the door opened but without any success. Meanwhile, her son-in-law killed his wife, Deshpati, daughter Indresh and minor son Bholu and after pouring kerosene oil from the containers kept in the room and putting clothes over the three dead bodies, set the bodies on fire to cause to disappear the evidence of commission of aforesaid tripple murder and to screen himself from legal punishment. The aforesaid witnesses threw water from grating of the room but all in vein. While all the persons reaching on the spot had surrounded the room from all the sides the appellant Munna Lal kept on concealing himself inside that room. On the basis of this written report a case was registered at 3. 15 p. m. at Crime No. 131 of 1986, under Sections 302/201 I. P. C. 3. The investigation was taken up by Sri O. P. Singh, (PW-4) the then S. I. of police station Asiwan, who immediately rushed to the place of occurrence and reached there at about 4. 45 p. m. He found the door of the Kothari bolted from inside and therefore got it broken. On entering the Kothari he arrested the appellant, who was sitting in a corner. He also found three dead bodies lying in the same Kothari. He recorded the statement of the appellant Munna Lal, who confessed to have killed his wife as also both the children with stone Silbatta and iron pipe (Fukni ). Then, at his pointing out the Investigating Officer also recovered the iron pipe (Fukni), stone Silbatta and one scissor and took the same into possession in presence of public witnesses and prepared the recovery memo (Ext Ka-1 ). The iron pipe (Fukni) was measuring two spans of the hand & three fingers length and contained some blood on one side. Then, at his pointing out the Investigating Officer also recovered the iron pipe (Fukni), stone Silbatta and one scissor and took the same into possession in presence of public witnesses and prepared the recovery memo (Ext Ka-1 ). The iron pipe (Fukni) was measuring two spans of the hand & three fingers length and contained some blood on one side. Stone Silbatta and scissor were measuring about eight fingers length and eleven fingers length, respectively. He also took into possession the Bush shirt (material Ext-4) of the appellant Munna Lal containing blood stains and prepared a separate recovery memo (Ext Ka-2 ). At the pointing out of the appellant, he also took into possession two containers of kerosene oil of five liters containing three liters and ten grams kerosene oil respectively and prepared a recovery memo thereof (Ext Ka-3 ). Then, he prepared the inquest reports of Smt. Deshpati (Ext Ka-4) at 4. 45 p. m. , Km. Indresh at 6. 15 p. m. (Ext Ka-8) and of minor son Bholu at 7. 20 p. m. (Ext Ka-12 ). He also prepared relevant papers required to be sent in three sets with dead bodies for post mortem (challan Lash, photo lash and letters addressed to R. I. etc. (Exts Ka-5 to Ext Ka-7, Exts Ka-9 to Ext Ka-11 and Exts Ka-13 to Ext Ka-15, respectively) and after sealing dead bodies sent them for post mortem. He also took into possession the blood soaked and plain earth from the place of occurrence and prepared a recovery memo (Ext Ka-16 ). He also took into possession the burnt and semi burnt clothes and prepared a recovery memo (Ext Ka-17 ). On 27. 07. 1986 he recorded the statement of the first informant and with her help also prepared the spot map (Ext Ka-18 ). On 31. 07. 1986, he recorded the statements of witnesses Bhaiyya Lal, Kamlesh, Shiv Balak, scribe Prem Shanker Shukla and others. 4. The post mortem of all the three bodies was conducted on 27. 07. 1986 at Unnao from 2. 00 p. m. to 3. 30 p. m. The probable time of death of all the three deceased was mentioned about one day old. On the body of Smt. Deshpati following ante mortem injuries were found :-- (1) Lacerated wound 2 cm. X cm. X muscle deep on upper lip in middle. (2) Lacerated wound 3 cm. 00 p. m. to 3. 30 p. m. The probable time of death of all the three deceased was mentioned about one day old. On the body of Smt. Deshpati following ante mortem injuries were found :-- (1) Lacerated wound 2 cm. X cm. X muscle deep on upper lip in middle. (2) Lacerated wound 3 cm. X 1 cm. X muscle deep oblique below left eye. (3) Lacerated wound 5 cm. X 1 cm. X bone deep oblique below right eye on face. (4) Lacerated wound 8 cm. X 2 cm. X bone deep on right frontal & nasal region starting from nose up to right eye brow. (5) Lacerated wound 2 cm. X cm. horizontal x muscle deep just above left eye brow. (6) Lacerated wound 1 cm. X cm. X bone deep on chin. (7) Lacerated wound 4 cm. X 2 cm. X bone deep oblique placed on left occipital region, 10 cm. Above left ear. Occipital bone fractured in pieces. (8) Lacerated wound 6 cm. X 2 cm. X brain cavity deep on left parietal region, oblique, 8 cm. Above root of left ear. parietal (left) fracture. (9) Abrasion 4 cm. X 2 cm. on back of right elbow. Post mortem burn injuries were found on left upper and fore arm, on left side of flanks and on both knees about 20%, on left side of thigh ranging from 2nd to 3rd degree. The cause of death was found to be COMA on account of ante mortem head injuries. 5. On the body of Bholu following ante mortem injury was found:- (1) Contusion 8cm. X 4cm. , on left occipital parietal region of scalp,oblique, starting from left ear to back of occipit. Four post mortem burn injuries were also found on his body. The cause of death in this case also was found to be COMA on account of ante-mortem head injury. 6. On the body of Km. Indresh Devi following ante-mortem injuries were found:-- (1) lacerated wound 4 cm. X 2 cm. X brain cavity deep placed vertically on right frontal region about 3 cm. Above right eye brow. Frontal bone fractured. (2) Lacerated wound 4 cm. X 2 cm. X bone deep on right cheek. Post mortem burn injuries were also found on face, eye-brows, scalp, both hands, lower abdomen and left leg ranging from 2nd to 4th degree. X brain cavity deep placed vertically on right frontal region about 3 cm. Above right eye brow. Frontal bone fractured. (2) Lacerated wound 4 cm. X 2 cm. X bone deep on right cheek. Post mortem burn injuries were also found on face, eye-brows, scalp, both hands, lower abdomen and left leg ranging from 2nd to 4th degree. In her case also the cause of death was found to be COMA on account of ante-mortem head injury. 7. After completion of the investigation, the charge-sheet (Ext Ka-19) was submitted against the appellant in the court concerned. 8. The learned Magistrate took the cognizance and committed the case to the court of sessions for trial. The court of sessions framed charges against convict Munna Lal (appellant) under Sections 302 and 201 I. P. C. on 11. 09. 1987. He denied the charges and claimed trial. 9. In support of its case, the prosecution examined the following witnesses. PW-1 Ram Pyari, the first informant:- She deposed about witnessing the entire incident by her and the witnesses as mentioned in the F. I. R. and also proved the first information report lodged by her. PW-2 Bhaiya Lal son of Gopi Nath resident of Miyanganj, police station Asiwan, District Unnao:- He lived at a distance of about 50 meters from the house of the complainant. He was known to appellants wife Smt. Deshpati, daughter Indresh and minor son Bholu. He was examined in the court on 09. 11. 1987. He told that about one year four months before at about 2. 00 p. m. , he reached at the house of appellant after hearing noise. He did not enter the house but kept on taking out water from the well which he was supplying to the villagers who were trying to douse the fire in the house of the appellant. When the police reached on the spot he was present there and in his presence the door of the room was broken and appellant Munna Lal was arrested. Thereafter the dead bodies of Deshpati, Indresh and Bholu were taken out and inquested upon in his presence. PW-3, Kamlesh was examined on 01. 01. 1988. He lived infront of the house of the complainant. He told that while living in the house of in- laws appellant Munna Lal used to practice as doctor for the last 7-8 years. Thereafter the dead bodies of Deshpati, Indresh and Bholu were taken out and inquested upon in his presence. PW-3, Kamlesh was examined on 01. 01. 1988. He lived infront of the house of the complainant. He told that while living in the house of in- laws appellant Munna Lal used to practice as doctor for the last 7-8 years. About one and half year before, at about 2-2. 30 p. m. while he was going to his house he heard the shouting made by appellants mother-in- law. Then he went inside the house and saw through grating of the room situated by the side of courtyard that appellant was beating his wife, daughter and minor son with iron pipe (Fukni) and Silbatta (stone ). He along with others tried their best to get the door opened but in vein. Then he came out of the house and raised alarm. Thereupon Shiv Balak, Bhaiyya Lal and Laxmi and several other persons reached on the spot. They saw that there was some fire inside the room and smoke was coming out. He therefore joined in fetching water and throwing it inside the room through grating. After about half-one hour, the police reached on the spot and after getting the doors cut, took out the appellant, Munna Lal and arrested him. Thereafter, in his presence the dead bodies of Munna Lals wife and two children were also taken out. PW-4, Sri O. P. Singh, the then S. I. and the I. O. Of the case gave all the details of investigation made by him which have already been mentioned hereinbefore in paragraph three of this judgment. PW-5, Dr. S. M. Krishna, performed the post mortem of all the three victims. The salient points of post mortem examination have already been mentioned in paragraph four. He opined that all the three victims could have died on 26. 07. 1986 at about 3. 00 p. m.-3. 15 p. m. , the alleged date and time of the occurrence. He denied the suggestion that the injuries of all the three victims could have been self inflicted. He also found that at the time of post mortem examination the rigor mortis was present in the lower part of the bodies and had already passed from the upper part of the bodies. He denied the suggestion that the injuries of all the three victims could have been self inflicted. He also found that at the time of post mortem examination the rigor mortis was present in the lower part of the bodies and had already passed from the upper part of the bodies. PW-6, Constable 33 C. P. Ali Mohammad, deposed about receiving the three sealed dead bodies on 26/27-07-1986 in the night and taking those dead bodies to the mortuary on 27. 07. 1986 for post mortem examination. He also asserted that during this period the bodies were kept sealed and intact. PW-7, Chhotey Lal Tiwari, C. P. Head Constable told that on 26. 07. 1986 he was posted as Head Constable police station Asiwan. He proved the chik report as Ext Ka-23 and copy of G. D. as Ext Ka-24. 10. In his statement under Section 313 Cr. P. C. the appellant said that the police has filed a wrong charge-sheet against him and the witnesses have given false evidence. He also stated that his mother-in- law used to demand money from him and on his refusal she got him implicated. He also said to have been arrested from his clinic. No evidence was adduced in defence. 11. After appraising the entire evidence on record the learned court below dealt with each and every point of argument advanced from the side of the defence and finally came to the conclusion that both the charges framed against the appellant have been duly proved and therefore convicted him in the aforesaid manner. Feeling aggrieved by the judgment rendered by the court below this appeal has been preferred. 12. The convict appellant submitted the petition of appeal from jail to High Court of Judicature at Allahabad on 17. 01. 1989 which was found to be beyond time by 73 days. The delay was, however, condoned vide order dated 18. 04. 1991. But unfortunately thereafter this appeal remained lying dorment for a considerable period of about fourteen years. Ultimately vide order dated 02. 09. 2005 passed by a Division Bench sitting at High Court of Judicature at Allahabad observed that as the appeal arises from judgment of Special Judge, Unnao and the jurisdiction of District Unnao being at Lucknow, it may be sent to Lucknow after seeking the required order of Honble the Chief Justice. Then, vide order dated 12. 09. 09. 2005 passed by a Division Bench sitting at High Court of Judicature at Allahabad observed that as the appeal arises from judgment of Special Judge, Unnao and the jurisdiction of District Unnao being at Lucknow, it may be sent to Lucknow after seeking the required order of Honble the Chief Justice. Then, vide order dated 12. 09. 2005 passed by Honble the Chief Justice this appeal was transmitted to this Bench. 13. We have heard Sri Ajay Kumar Shukla, learned Amicus Curiae for the appellant, Sushri Zeba Islam Siddiqui, learned Additional Government Advocate and perused the lower court record. 14. Before making re-appraisal of the evidence on record, some admitted facts may be mentioned hereinbelow:-- It is not disputed that after his marriage with the daughter of the complainant, the appellant started living with his in-laws and he used to run a medical clinic which was yielding good income. There does not appear to be any serious challenge to the fact that for the last one year before the murder, the business of medical clinic run by the appellant deteriorated due to which his financial position had become bad. Out of the wedlock there were two children i. e. one daughter namely Indresh and one minor son, namely, Bholu. In one portion of the house tenant Ram Karan Tiwari was living with his family. At the time of the occurrence the son of the mother-in-law was living with his wife at Kanpur. One Maha Dei wife of step son of the complainant was, however, living with the complainant in that very house. It is also not disputed that the dead bodies were recovered by the Investigating Officer after cutting/breaking open the door of one room of the house. Those dead bodies were inquested upon, sealed and then sent for post mortem examination. The alleged date, time and place of occurrence are not seriously disputed. 15. Learned Amicus Curiae for the appellant submitted that according to the complainant (PW-1) on the day of occurrence Paratha and vegetable of potato was prepared and everybody including the three victims had eaten small quantity of breakfast. But according to the doctor (PW-5) the three deceased had not taken anything within six hours of their death and if they had taken anything the same might have digested. In fact there is nothing unusual about it. The time of incident is said to be 2. But according to the doctor (PW-5) the three deceased had not taken anything within six hours of their death and if they had taken anything the same might have digested. In fact there is nothing unusual about it. The time of incident is said to be 2. 30 p. m. If the small quantity of breakfast was taken about 8. 00 a. m. then within six hours i. e. by 2. 00 p. m. it must have been digested as told by the doctor. Therefore, if no substance was found in their stomachs in their post mortem examination, there is nothing in favour of the appellant. Otherwise also the date and time of occurrence have not been seriously challenged in this case. Therefore this argument has no substance. 16. Secondly it was submitted that the according to the complainant the act of the appellant setting the victims on fire came to her notice when she returned from the police station whereas in the F. I. R. this act of appellant has been mentioned. In this regard it may be mentioned that firstly unfortunate complainant had lost not only her married daughter but also two grand children. Therefore, she was overtaken by this ghastly event and in such circumstances her mental faculty cannot be expected to absorb all the details and sequence of the events which took place in quick succession. Secondly she being an illiterate lady got the report scribed by a person and had simply put her thumb impression over it. She cannot be expected to possess a photographic memory and recall the details accurately. Therefore we do not find any substance in this point also. 17. It was further submitted that there is a discrepancy as to whether the complainant went to police station to lodge the report on a Khadkhada or on the bicycle along with village Chowkidar. This again being a minor contradiction has no significance particularly because the lodging of the F. I. R. has been duly proved by the prosecution evidence. It was further contended by the learned Amicus Curiae that the appellant was arrested from his medical clinic/shop. But there is no evidence in defence to prove it. There is also no evidence to the effect that medical shop/clinic was away from the said room from where he was arrested. It was further contended by the learned Amicus Curiae that the appellant was arrested from his medical clinic/shop. But there is no evidence in defence to prove it. There is also no evidence to the effect that medical shop/clinic was away from the said room from where he was arrested. It might have been in the same room itself in which the murder of his wife and two children was committed and from where he was arrested as has been proved by the Investigating Officer and the three eye witnesses. Therefore we do not find any substance in this argument also. 18. The appellant in his statement under Section 313 Cr. P. C. has said that his mother-in-law used to ask money from him and when he did not oblige her he was falsely implicated. This suggestion is patently unbelievable. From the evidence of the complainant it has been duly proved that initially the medical business of her son-in-law was yielding good income but for the last one year before the murder it deteriorated and therefore the appellant used to remain tense. Therefore there was no occasion for asking money by the complainant from her son-in-law whose financial position had already become bad. Moreover as has come in the evidence of the complainant they used to have common kitchen and on the day of occurrence also in the morning, common breakfast was prepared and everybody had it. Therefore the aforesaid statement of the appellant made under Section 313 Cr. P. C. appears to be baseless. In fact the position was rather otherway round. It has come in the evidence of the complainant that sometime she used to give financial help also to the appellant and his family. The complainants son and his wife were living at Kanpur. Only one Maha Dei (widow of step son) was living with the complainant in that house. Therefore the complainant did not have much expenses to meet. Moreover, she was getting some amount from rent from the tenant who was living in one portion of the house. Therefore this argument is also devoid of any merit. 19. No other point was either raised on behalf of the appellant or came to our notice. 20. It was a broad-day light murder. The alleged date, time and place of occurrence has not been seriously challenged. Therefore this argument is also devoid of any merit. 19. No other point was either raised on behalf of the appellant or came to our notice. 20. It was a broad-day light murder. The alleged date, time and place of occurrence has not been seriously challenged. It was only the complicity of the appellant which has been contested. But there is clinching evidence on record consisting of three eye witnesses including the complainant showing complicity of the appellant. There is no reason as to why the mother-in-law would depose falsely against her own son-in-law who was living with her for quite sometime. All the three eye witnesses have corroborated the evidence and presence of each other and they are also most natural witnesses. The complainant was very much present in the same house at the time of occurrence and after hearing shrieks of her daughter she rushed towards the Kothari and saw the incident through grating of the Kothari. As the door was bolted from inside she felt helpless. She, therefore, raised alarm whereupon her widow daughter-in-law Maha Dei, the eye-witness Bhaiya Lal and Kamlesh reached on the spot and they also witnessed the occurrence. Bhaiya Lal (PW-2) lived at a distance of about 50 meteres from the house of the complainant. Similarly Kamlesh lived just in front of the house of the complainant. Therefore all of them were most natural witnesses and both of them were also natural and independent witnesses. We have carefully gone through the entire evidence adduced by all the three witnesses of facts and did not find any significant discrepancy which may cause any dent on their testimony. Not only this, the weapons of assault of this ghastly tripple murder have also been recovered from the spot itself, at the pointing out of the appellant and those weapons have also been produced in the court and duly proved as material exhibits. The respective memo of recovery has also been duly proved. Aboveall, the oral evidence is further corroborated by medical evidence and both are in consonance with each other. One more significant point required to be mentioned here is that one of the weapon of assault iron pipe (Fukni) also contained blood. Similarly bush-shirt of the appellant containing blood stains was also taken into possession by the Investigating Officer on the spot. It has also been materially exhibited and its recovery memo has been proved. One more significant point required to be mentioned here is that one of the weapon of assault iron pipe (Fukni) also contained blood. Similarly bush-shirt of the appellant containing blood stains was also taken into possession by the Investigating Officer on the spot. It has also been materially exhibited and its recovery memo has been proved. The F. I. R. of the case has been lodged promptly and the Investigating Officer had also reached on the spot quickly. The manner of assault is also very significant in this case. A husband who is supposed to be head of the family and considered to be a conscience keeper and the most trusted person of the family has committed this ghastly murder of his own wife and both innocent children. The manner of assault is also significant. He made it a point to inflict fatal injuries on the head and other vital parts of all the three deceased. Not only this he also set their bodies afire with a view to remove evidence and he probably wanted to get away from there after opening the door but could not do so because several persons had gathered there. 21. In view of the discussion made hereinabove, we do not find any blemish in the judgment in question from any angle and therefore the conviction of the appellant under Sections 302 and 201 I. P. C. and sentence for life imprisonment and four years rigorous imprisonment deserves to be upheld. Accordingly the appeal is dismissed and the conviction and sentence of the appellant under Sections 302 and 201 I. P. C. are hereby upheld. The appellant is in jail. He shall serve out the sentences awarded to him by the trial court. 22. The lower court record be remitted back forthwith along with a copy of this judgment through Registrar of this Court. .