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2012 DIGILAW 1844 (ALL)

SANTOSH v. STATE OF U. P.

2012-08-21

SURENDRA KUMAR, VINOD PRASAD

body2012
Vinod Prasad J. Challenge in these two connected appeals by the three appellants Santosh ( A-1), Chhatrapal ( A-2) and Sunwan ( A-3),, are to their convictions under section 302/34 I.P.C. and imposed sentence of life imprisonment therefor, imposed by 5th Additional Session's Judge, Hamirpur in S.T.No. 85 of 1979, State versus Chhatrapal and others, relating to police station Mahoba, district Hamirpur. Narrated briefly, unfolded background facts, as dictated orally at the police station Mahoba, district Hamirpur, by the informant ( P.W. 1) Ram Swaroop, which was recorded as FIR Ext. Ka-1, and later on testified during the Session's trial by all the fact witnesses, were that informant and accused appellants were co-villagers, both being residents of village Chickhara. Informant's father Radha Charan and deceased Roop Singh's father Jamuna Das were real sibling brothers and hence informant and deceased both were cousins. Puniya @ Ahillya ( P.W. 3) was deceased's wife and Subhash @ Santosh ( P.W. 4), is their son. Accused appellants were mobsters and indulged in vandalism and denuding of crops and for that mischiefs, Roop Singh ( deceased) had boxed and kicked them a year ago, because of which, accused appellants harboured revenge ill against the deceased. Village Chickhara, has a guava grove called Vrinda Van Ki Bagia. Towards east of the grove, at a distance of hundred paces, situates granary of the informant. Adjacent towards south and west of the grove is a runnel known as Kusmedi Nala. The grove was leased out to Maiku, when the incident in question occurred. On the incident date 14.12.78 informant had gone to the granary, at 8-9 a.m., to thresh his maize crop. Puniya @ Ahillya ( P.W. 3) and Subhash @ Santosh ( P.W. 4), deceased's wife and son, were also present there and were also plucking their maize crop. Deceased normally used to carry lathi and/or other weapon with him but due to the demise of his mother, on the incident date, he roamed empty handed and had come to his granery at 12-1 p.m. That day ( 14.12.78) at 5 p.m. informant went to attend nature's call 15 or 20 paces away from the granary, when all the accused appellants appeared in the granary. Chhatrapal ( A-2) and Sunwan ( A-3) were armed with barchi whereas Santosh ( A-1) and Rampal, non- appellant, were armed with spades. Chhatrapal ( A-2) and Sunwan ( A-3) were armed with barchi whereas Santosh ( A-1) and Rampal, non- appellant, were armed with spades. All the four miscreants caught hold of the deceased and started dragging him to Vrinda Van Ki Bagia. Deceased's wife and son vainly raised rescue cries, albeit it attracted the informant towards the Bagia, who witnessed the incident. Informant and deceased's wife requested and forbade accused to desist from their criminal act but their requests went unheeded. Deceased was ultimately dragged into Vrinda Van Ki Bagia, where he was annihilated by the accused with their respective weapons and thereafter his corpse was carried and dumped in Kusmedi Nala. After the murder, accused retreated towards their village. Informant and deceased's wife( PW3) went near the deceased's cadaver and found him dead. Informant, thereafter, returned to his village, where he witnessed that murderers were hurling general threats of being done away with, to the villagers, in case they help deceased family, and, therefore, informant could not proceed towards the police station immediately. After some time informant measured a distance of seven miles to the police station Mahoba, and arriving there at 1 a.m., dictated oral FIR, Ext. Ka-1, regarding the murder, which was penned down and registered same time, as crime number 199 of 78, U/S 302 I.P.C. by Head Moharrir Bahadur Singh ( P.W. 5). After recording the FIR, Ext. Ka-1, Head Moharrir, ( P.W. 5) prepared corresponding GD entry Ext. Ka-3. This witness had also prepared GD entry of three bundles of articles deposited by the Investigating Officer S.I. Rafat Kamal ( P.W. 6), on 16.12.78, which is Ext. Ka-4. Investigation into the murder crime was immediately commenced by S.I. Rafat Kamal ( P.W. 6), who recorded statement of Head Moharrir, P.W.5, and then came to the murder scene and conducted inquest on the cadaver of the deceased and prepared inquest memo Ext. Ka-5. Simultenously I.O. had sketched other relevant documents of Chalan Lash, Photo Lash, Ext. Ka-6 & 7. Blood stained attires of the deceased-Kurta, under garment ( Banyain), Dhoti, and sweater, were seized by the I.O., which are material Exhibits 1 to 4 and recovery memo of these attires are Ext. Ka-8. Sealing the dead body, the same was handed over to constables Lajja Ram and Siya Ram for being carried to the mortuary for autopsy purposes. Letter sent with the dead body is Ext. Ka-8. Sealing the dead body, the same was handed over to constables Lajja Ram and Siya Ram for being carried to the mortuary for autopsy purposes. Letter sent with the dead body is Ext. Ka-9. I.O., thereafter interrogated informant Ram Swaroop ( P.W. 1) and conducted spot inspection and prepared site plan map, Ext. Ka-10. Blood stained and plain earth, material exhibits 3 & 4, were collected separately by the I.O. vide Ext. Ka-11 & 12 and thereafter inquest and recovery witnesses were interrogated by him. On 18.12.78, investigating Officer S.I. Rafat Kamal ( P.W.-6) recorded statements of wife and son of the deceased and other witnesses. Assailants meanwhile had surrendered and were booked in penitentiary and therefore, I.O., recorded their statements. Concluding investigation, I.O. had charge-sheeted accused vide Ext. Ka-13. Blood stained attires and earth were also sent for chemical examination by the I.O. and serologist reports dated 19.2.79 and 3.2.79 indicate that human blood was present on the attires of the deceased. Autopsy on the cadaver of the deceased was performed on 15.12.78 at 5 p.m. by doctor M.K. Singhai ( P.W. 2), who had prepared deceased's post mortem examination report, Ext. Ka-2. According to the doctor, deceased was 35 years of age and rigor mortis was present over his body, which was average built. His left mandible was cut and there was fracture of left parietal and left side frontal bones. His membranes and brain were lacerated and congested and brain was protruding through left parietal opening. His left cervical carotid vessels were cut. His stomach was empty and large and small intestines contained semi digested food, gases and faecal matters. In doctor's estimation, deceased had died due to shock and haemorrhage due to head injury. Following ante mortem physical injuries were detected by the doctor on the corpse of the deceased in external physical examination:- "INJURY:- 1. Incised wound from left angle of mouth to left temporal region just above left year size 13cm x 3cm x bone deep with underlying muscles, vessels, skin, left mandible upper part sharply cut. Direction laterally upwards. 2. Incised wound left parietal region of scalp extending 4cm above the middle of left eyebrow backward and laterally size 11cm x 3.5cm x cavity deep with underlying skin, muscle, scalp layer, left parietal bone and part of frontal bone sharply cut. membrane lacerated and brain inside lacerated and protruding through opening. 3. Direction laterally upwards. 2. Incised wound left parietal region of scalp extending 4cm above the middle of left eyebrow backward and laterally size 11cm x 3.5cm x cavity deep with underlying skin, muscle, scalp layer, left parietal bone and part of frontal bone sharply cut. membrane lacerated and brain inside lacerated and protruding through opening. 3. Incised wound 2cm lateral and parallel to injury no. 2 size 7cm x 1.5cm x brain cavity deep with underlying structures and left parietal bone along with membranes sharply cut. 4. Incised wound in the middle of scalp size 4cm x 1cm x scalp layer deep, horizontally placed. 5. Incised wound in the right occipital region of scalp upper part size 7cm x 1.4cm x scalp layer deep. 6. Incised wound 2cm below injury no. 5, size 4cm x.8cm x scalp layer deep. 7. Two abrasions on the left upper 1/2 of upper arm size 4cm x.8cm obliquely placed and crossing each other on outer side of left upper arm. 8. Abrasion 1cm above left nipple 2cm x 2cm. 9. Abrasion 2cm x 1.5cm on left hypochondria of abdomen. 10. Abrasion 2cm x 2cm on the right side chest 2.5cm outer side of right nipple." On the strength of charge sheet, Ext. Ka-13, Criminal Case No. 83 of 1979, State versus Chhatrapal, was instituted before committal court of C.J.M. Hamirpur, who finding the offence triable by Court of Sessions, committed said case to the Session's Court on 30.4.79 and before the Sessions Court it was registered as S.T. No. 85 of 1979, State Vs. Chhatrapal and others on 1.5.1979. Learned Trial Judge, on 23.9.1980, charged all the accused with offences u/s 302/34 I.P.C. but since all the accused refuted those charges, after being read out and explained to them and claimed to be tried, consequently, to establish their guilt, their trial, by resorting to Sessions trial procedure, commenced. One fact, which requires to be noted at this stage is that one of the accused Ram Pal, after framing of charge died during the trial and, therefore, his trial was abated. Only surviving three assailants faced the trial and were held guilty and convicted by impugned judgement and order, which judgement and order, has generated these appeals. One fact, which requires to be noted at this stage is that one of the accused Ram Pal, after framing of charge died during the trial and, therefore, his trial was abated. Only surviving three assailants faced the trial and were held guilty and convicted by impugned judgement and order, which judgement and order, has generated these appeals. For proving it's charge during the Sessions Trial, prosecution examined six witnesses including three fact witnesses, informant Ram Swaroop ( P.W. 1), deceased's wife Puniya @ Ahillya ( P.W. 3) and his son Subhash @ Santosh ( P.W. 4). Other formal witnesses were Dr. M.K. Singhai autposy doctor, ( PW2), Head Moharir Bahadur Singh, ( P.W. 5) and Investigating Officer S.I. Rafat Kamal ( P.W.6). The accused denied incriminating circumstances occurring against them in prosecution evidences and their defence pleas were that of false implication because of the existing enmity and factionalism ( party bandi). Learned Trial Judge after collating oral testimonies of witnesses, documentary evidences, facts and attending circumstances, held all the three accused appellants' guilty of crime u/s 302/34 I.P.C. and, consequently, convicted them for that offence and sentenced them to imprisonment for life, vide impugned judgment and order dated 3.3.1983,hence these appeals by convicted appellants, challenging their convictions and sentences. In the back drop of preceding facts, we have heard Sri Patanjali Mishra, learned amicus curiae appointed by us, who was later on joined by Sri G.S. Chaturvedi, learned senior counsel and Sri Samit Gopal for the two appellants Chhatrapal and Sunwan. Sri Rakesh Upadhyay and Sri Manoj Gautam, the two counsel for the informant as well as Miss Usha Kiran, learned AGA for respondent State, were heard in opposition and we have perused trial court record including the testimonies of witnesses and exhibits. Assailing the impugned judgement, it was canvassed for the appellants that the deceased was done to death at an unknown time near Kusmedi Nala by unknown assailants with no eye witness account and later on, after discovery of his cadaver next day morning, that the appellants were falsely implicated in the crime, after concocting entire prosecution story narrated herein above. It was because of this reason that inquest was performed in the morning and not in the night urged learned counsel. Stomach contents of the deceased do not fit well with the time of the incident. It was because of this reason that inquest was performed in the morning and not in the night urged learned counsel. Stomach contents of the deceased do not fit well with the time of the incident. No blood was found in the bagia which belies prosecution allegation of deceased being done to death there. No barchi injury was found on the corpse of the deceased negating the charge of assault being made by the said weapon and hence there is irreconcilable medical inconsistency vis a vis ocular versions. Albeit, prosecution alleged that deceased's corpse was submerged under the water for hours but essential signs, for that story were not detected on the cadaver of the deceased. Reference was made to some portions of text book of Modi's Medical Jurisprudence & Texicology, and some portions of it were extracted, to which we shall make a reference later on while critically discussing rival submissions, to countenance the argument. Blood on the deceased's draper could not have been found had the dead body was submerged in the water. Only related, inimical, interested and partisan witnesses were examined and, though incident occurred during twilight, no independent witness supported prosecution story, because of it's prevarication. PW1 is deceased's cousin whereas rest of the two PW3 &4 are his family members, wife and son. No trail of blood was found to lend credence to the prosecution story of deceased being lifted to Kusmedi Nala to be dumped there and this is also augmented by the fact that there was absence of any dragging injury on the body of the deceased. Prosecution has miserably failed to substantiate it's charge beyond all reasonable doubt and none of the fact witnesses are reliable submitted learned counsel. It was further submitted that presence of the first informant at the incident scene is extremely doubtful, as his conduct is wholly unnatural. Primarily on above submissions, it was urged that appellant's appeal be allowed and they be acquitted and set at liberty. Half-heartedly, for appellant Chhatrapal, benefit of Children Act was canvassed, as in his statement under section 313 Cr.P.C. he had mentioned his age to be 19 years. Per contra, learned respondent's counsel, at one with learned AGA, submitted that facts witnesses had no reason to spare real assailants and frame-in the appellants in the murder crime of their own most dear one. Per contra, learned respondent's counsel, at one with learned AGA, submitted that facts witnesses had no reason to spare real assailants and frame-in the appellants in the murder crime of their own most dear one. Defence had not been able to bring iota of evidence on record to suggest even remotely that anybody else could have perpetrated the murder. Deceased had no enmity with anybody else except the appellants, who in their youth, were mobsters and indulged into criminal activities with impunity just to create their hegemony of terror. Because deceased was robust and had kicked and fisted them to dislodge their such a hegemony, therefore they were in the look out to avenge their insult and, because the deceased was moving bare handed, because of demise of his mother, therefore appellants seized the opportunity and murdered him in the grove as he was unable to resist their murderous assault. Thus the motive to orchestrate the murder lied only with the appellants and nobody else. Medical evidence authentically corroborates prosecution version. Neither the fact nor the formal witnesses were tested for stomach contents or the manner in which barchi was wielded by the assailants and hence defence cannot make mountain out of mole, without affording any opportunity to the prosecution witnesses to explain urged discrepancies, if the accused wanted to take advantage of it. Cross examination of fact witnesses was done regarding the way in which deceased was dragged in the grove and they had stated that he was lifted inside grove and hence snipping of prosecution version on that score is contrary to the evidence on record and has to be brushed aside submitted learned counsel. Prosecution story of murder being committed in grove is credible as no mileage could have been gained by the prosecution to develop a story, since kusmedi Nala is adjacent to the grove itself from two sides. Body of the deceased was in water only waist deep and rest of it was on dry surface and hence prosecution version cannot be thrown out on that score. Facts mentioned in the inquest memo by the I.O. were never questioned by the defence, and hence now it cannot be argued by the accused that the body was not in the water. In such a view the criticism that signs on submerged portion were not found is meritless submission. Facts mentioned in the inquest memo by the I.O. were never questioned by the defence, and hence now it cannot be argued by the accused that the body was not in the water. In such a view the criticism that signs on submerged portion were not found is meritless submission. Otherwise also, after body was taken out of water those signs must have withered away, in the same manner in which it were developed, argued learned AGA. Modi's text book does not castigate prosecution story and hence cannot come to the rescue of the appellants contended learned counsel. Identity of the appellants is not in dispute. Investigation into the crime was perfunctory and I.O. deliberately and mischievously eschewed recording of most essential vital facts about the incident. He never attempted to arrest the accused nor raided their residence, did not show in the site plan where the wife and son of the deceased were present, did not attempt to recover weapon of assault, waited in the village after his arrival at the scene in the night for hours without performing any investigation. His entire depositions indicate that he had conducted entire investigation into a slipshod manner which was wholly unsatisfactory and probably he tried to damage the prosecution case submitted learned informant counsel. Testimonies of all the three fact witnesses inspire confidence and their presence at the time of the incident is very natural and cemented. Their depositions do not suffer from any embellishment or un-naturalities. A male( PW1), a women( PW3) with a young child( PW4) could not have mustered enough courage pitted against youthful mobsters to resist their attack and jumped into arena of assault and for that conduct they cannot be castigated as unreliable witnesses. Presence of blood stained mud establishes place of incident and there is no reason to disbelieve the prosecution version. Guilt of the appellants have been proved beyond all reasonable doubts and appellants appeals are meritless and deserves to be dismissed, concludingly contended learned respondent counsel. We have given a thought to the rival submissions and have pondered over collated facts and evidences on record. Ab-initio we take stock of and register undisputed facts, which includes relationship of the deceased with the informant, PW3 &4, of being cousin brother, wife and son. We have given a thought to the rival submissions and have pondered over collated facts and evidences on record. Ab-initio we take stock of and register undisputed facts, which includes relationship of the deceased with the informant, PW3 &4, of being cousin brother, wife and son. What is most significantly illuminating is the fact that when fact witnesses PW1,3 & 4 where deposing during the trial, date, time and place of incident were not challenged at all by the defence. No suggestion was given to them that the incident had occurred at a different place, time or date. Albeit during their examination under section 313 Cr.P.C. all the accused have denied these aspects but that is a futile denial as none of the witnesses were at all challenged on those scores. The only suggestion given to the facts witnesses were that they were not present at the spot and had not witnessed the incident. Place of murder being Vrinda Van Ki Bagia, was also established from the blood found near the runnel. After carefully examining prosecution evidences we have no hesitation in opining that defence has not challenged above vital and important aspects of the incident at all and therefore irresistible conclusion, which can be drawn is that date, time and place of the incident has been established by the prosecution by leading cogent, reliable and credible evidences and these aspects remains unchallenged by the accused. In the light this conclusion we have no option but to repel defence argument that the incident had not occurred at the time and place alleged by the prosecution. This completely dissipates arguments regarding stomach contents,conducting of inquest in the morning, place of incident not being bagia. It also goes unchallenged that both the sides being co-villagers were very well known to each other. What has also not been questioned from the witnesses that barchi and spades were not wielded during the murder incident. Existence of enmity between both the sides is also a proven fact. It is also admitted to the accused that the deceased had a hefty built. It is writ large on the record that accused had sufficient motive to indulge into the murder incident. In such fact scenario what is to be adjudged is only this much as to whether fact witnesses were present at the spot during the incident and had witnesses commission of the crime or not? It is writ large on the record that accused had sufficient motive to indulge into the murder incident. In such fact scenario what is to be adjudged is only this much as to whether fact witnesses were present at the spot during the incident and had witnesses commission of the crime or not? When prosecution evidences is vetted to determine presence of witnesses during the incident it is revealed that all the facts witnesses have corroborated each other convincingly and with clarity and inspite of lengthy and searching cross examinations defence has not been able to shake their testimonies and dislodge them from establishing prosecution story. It is proved that informant and PW3 & 4 were present in their granary since morning and deceased had arrived there in the after- noon. Time of incident is also established as 5 p.m. and more over it is not a case of mistaken identity. On the basis of some omissions made by PW1,3 &4, during the investigation that it was suggested to them that they were not present at the incident scene. These omissions, to say the least, are wholly insignificant and minor and it does not dislodge prosecution story at all. Only as examples we mention that omission to mention that accused belonged to the same family, or that earlier deceased had assaulted appellant Sonwan's brother, or that name of PW3 being Ahilya or Phoola Rani were not mentioned earlier are so un-distracting and facetious aspects that it do not create even slightest dent in the prosecution version. All the witnesses deposed categorically that no assault was made on the deceased in the granary and he was physical lifted inside bagia, where he was murdered. Weapons carried by each of the accused was specified from the very beginning. Categorical statements of witnesses regarding lifting of deceased physically to be carried inside bagia explains absence of any dragging injury on the body of the deceased. Thus regarding actual incident all the facts witnesses have remained intact and have supported prosecution story convincingly. Their presence at the incident scene is well established and we have no reason to doubt it. They are natural and reliable witnesses and just because they are related their evidences cannot be brushed aside. It is trite law that related witnesses cannot be discarded merely because of their relationships. Their presence at the incident scene is well established and we have no reason to doubt it. They are natural and reliable witnesses and just because they are related their evidences cannot be brushed aside. It is trite law that related witnesses cannot be discarded merely because of their relationships. It is the quality of their evidences and not the relationship that counts when their testimonies are examined. Only caution, as an abundant precaution, that has to be applied is that their testimonies have to examined carefully to separate the grain from the chaff and exhume the truth out. In the present appeal we find total absence of any prudent man's reason to discard evidences of three fact witnesses, PW1,3 & 4. Now turning towards some other aspects, it is revealed that a vain attempts were made by the defence to challenge the identity of PW3 Phoola Rani, but in that feat accused have failed miserably. Further, prosecution had alleged that the accused were mobsters and used to indulge into vandalism, but accused in cross examinations, made no attempt to dislodge such an imputation. Prosecution would not have gained anything by fabricating a false story that the cadaver of the deceased was carried to Nala after he was murdered. The said allegation by the prosecution, therefore, seems to be the actual narration of the incident. There is no material contradiction in the depositions of fact witnesses who all had supported and corroborated prosecution story without budging at all. Most of the questions put to the informant were repeated time and again but with the same answer. All the three witnesses have said that the corpse of the deceased was dumped in Kusmedi Nala and it was found by the I.O. that some portion of the body was in the Nala whereas rest of the body especially the upper torso was on dry surface. Here, at this juncture, we would like to advert to the argument of Sri Chaturvedi that because the cadaver of the deceased had no signs of being under water for hours, therefore time of the incident is different because, had that fact being true, body must have developed bleached, corrugated and sodden appearance. Sri Chaturvedi referred to and relied upon under quoted passages of Text Book of Medical Jurisprudence and Toxicology by Modi to impress upon his contention. Sri Chaturvedi referred to and relied upon under quoted passages of Text Book of Medical Jurisprudence and Toxicology by Modi to impress upon his contention. In the 24th Edition of the aforesaid Text Book, at Page 470, it is mentioned as follows:- "The granular and puckered appearance of the skin, known as cutis anserina, goose-skin or goose flesh, is found on the anterior surface of the body, particularly the limbs especially during winter when water is cold. It is caused due to spasm of erector pilae muscles ( the involuntary muscles of the skin) due to rigor mortis, which elevates the hair follicles and makes hair stand erect on the surface of skin connected with the hair follicles, and is considered as an important sign showing that drowning had occurred during life. Nevertheless, it may occur on submersion of the body in cold water immediately after death, while the muscles were still warm and irritable. It is not confined to drowning alone as, being the result of nervous shock, it is found in other violent accidental deaths. It may also develop after death as a result of rigor mortis of the erector pile muscles. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX The skin of the hands and the feet shows a bleached, corrugated and sodden appearance, after the body has laid in water for 10 to 12 or more hours. This condition of the skin is known as the washerwoman's hand. It is first seen in the fingers tips within three to four hours and later by 24 hours, in both the hands. It proves only that the body was immersed for a prolonged time without reference to the cause of death. It develops whether the person is alive or dead when he enters the water." There can be no dispute regarding the opinion found in the aforesaid text book. However, the argument, though attractive, is devoid of substance, when above opinion is applied on the facts of the present appeal. We do not find that it helps the defence argument at all for ostensible reasons. However, the argument, though attractive, is devoid of substance, when above opinion is applied on the facts of the present appeal. We do not find that it helps the defence argument at all for ostensible reasons. Firstly, as has already been held herein above, time and date of the incident was not questioned by the defence from prosecution witnesses, secondly that admittedly lower portion of deceased body was found inside water by the I.O., which fact he has recorded in the inquest memo and which has not been challenged at all by the appellants, and thirdly that Modi himself has mentioned that "It develops whether the person is alive or dead when he enters the water." If a change in the body can occur whether the person is dead or alive, the change may dissipate also when body is taken out of water and kept in a dried area for fairly long hours. In the present appeal body was taken out of water in the morning of 15.12.78, when inquest was performed but post mortem examination was done at 5.p.m. and during this period body was in dry area. This time seems to be sufficient to diminish occurred changes in the same way in which it had occurred. More over underline portions of the text indicate that much is dependent upon when the body is thrown in the water. Here complete body was not under the water and only some lower portion of it was under the water and secondly we have no idea when the body was dumped after deceased had lost his life. His molecular death must have been expedited quickly because of profuse bleeding because of such sever sustained injuries. None of the fact witnesses where questioned on the said aspect of the matter and even doctor was not cross examined to get the facts explained. Text Book by Modi was also not shown to the doctor to explain. If the accused wanted to take advantage of the said aspect, they should have questioned the witnesses on the aforesaid aspect. Attour, stomach content of the deceased being empty, does not help the case of the appellants at all, as all the fact witnesses were not at all questioned on the said aspect of the matter. If the accused wanted to take advantage of the said aspect, they should have questioned the witnesses on the aforesaid aspect. Attour, stomach content of the deceased being empty, does not help the case of the appellants at all, as all the fact witnesses were not at all questioned on the said aspect of the matter. So far as the argument that there was no spear injury sustained by deceased is concerned, we do not know in what manner spear was used. Unless it is brought on record the manner in which spear was wielded, no benefit regarding injuries can be conferred on the accused. Whatever delay had occasioned in lodging the FIR has been explained well by the informant, who had no reason to spare real assailants and implicate innocent persons in the murder of his cousin brother. Accused had not been able to raise any acceptable and appealing argument in that respect. Now, turning towards another submission that appellant Chhatrapal was a minor on the date of the incident, we find that no such plea was raised in the trial Court nor any application was moved before us for that purpose. Benefit of juvenility can be conferred only when, it is based on some credible, reliable and acceptable material, which is missing in the present appeal. After a gap of 31 years, to entertain such an argument in respect of juvenility, merely because the age of Chhatrapal is recorded as 19 years, in the statement under Section 313Cr.P.C., which is not a statement on oath, we are not inclined to grant him the benefit of Childrens Act, as was in-vouge on the relevant date. Besides the said statement no other material was placed before us for that aspect. Appeal is more than three decades old. Time and again warrants were issued against the appellants. On 27.9.95 hearing of appeal was deferred at the request made by learned senior counsel for the appellant. After that seventeen years have gone by. Appellant Chhatrapal was arrested and was released on bail by CJM, Hamirpur on his personal bond and sureties as is clear from office report dated 8.2.12.There after appeal was got adjourned many a times. On 27.9.95 hearing of appeal was deferred at the request made by learned senior counsel for the appellant. After that seventeen years have gone by. Appellant Chhatrapal was arrested and was released on bail by CJM, Hamirpur on his personal bond and sureties as is clear from office report dated 8.2.12.There after appeal was got adjourned many a times. Since all along this period no attempt was made by appellant Chhatrapal( A2) to bring on record any reliable and worth considering material of his being a juvenile on the date of the incident, we, therefore, find total absence of any reason for conferring benefit of juvenility to Chhatrapal( A2).Another appellant Sunwan( A3) is already in jail serving another life imprisonment for another crime committed by him. Wrapping up the discussions, we find both the appeals are devoid of any merit. Both the above appeals are dismissed. Conviction and sentence of all the three appellants Santosh ( A-1), Chhatrapal ( A-2) and Sunwan ( A-3), imposed by Vth Additional Session's Judge, Hamirpur in S.T.No. 85 of 1979, State versus Chhatrapal and others, relating to police station Mahoba, district Hamirpur recorded in the impugned judgment dated 3.3.83 are hereby confirmed. Appellants Santosh ( A-1), Chhatrapal ( A-2) are on bail. Their personal and surety bonds are cancelled and they are directed to be taken into custody and lodge in jail to serve out remaining part of their sentences. Appellant Sunwan ( A-3) is already in jail. He shall remain in jail to serve out his sentence. Let a copy of this judgment be certified to the trial Court for it's intimation.