Surendra Kumar, J. 1. Heard Sri R.P. Yadav, learned counsel for the appellants and Sri Sangam Lal Kesherwani, learned AGA for the State. 2. The appellant Lachchoo ( A-1), Nenney ( A-2), Mangla ( A-3), Babu ( A-4), Mannoo ( A-5), Man Singh ( A-6), Tijua ( A-7), Hardoo ( A-8) and Udal ( A-9) have preferred this appeal invoking the appellate jurisdiction of this Court under Section 374 ( 2) of the Code of Criminal Procedure, 1973 against the judgment and order dated 31.7.1982 passed by the Additional Sessions Judge/Special Judge, ( Dacoity Affected Area) Lalitpur, in Session Trial No.65 of 1981 State Vs. Lachchoo and six others and Session Trial No.66 of 1981 State Vs. Hardoo and another, relating to Crime No.11 of 1981 under Sections 147, 148, 149, 302 IPC, Police Station Girar, District Lalitpur whereby all the accused persons ( appellants herein) have been convicted under Section 302 read with Section 149 IPC and have been sentenced to undergo imprisonment for life. Five accused persons Man Singh, Mangla, Babu, Mannoo, Tijua have also been convicted under Section 147 IPC and have been sentenced to undergo one year rigorous imprisonment and four accused persons Udal, Hardoo, Lachchoo and Nenney have been convicted under Section 148 IPC and have been sentenced to undergo two years rigorous imprisonment. All the sentences have been ordered to run concurrently. Thus conviction and sentence of the appellants under Sections 147, 148, 302 read with 149 IPC is under challenge in this appeal. 3. Appellant no.1 Lachchoo, appellant no.3 Mangla, appellant no.9 Udal have died pending their appeal, hence appeal on their behalf stands abated. 4. The facts of the prosecution case as are disclosed in the written report Ext. Ka-2 by Roop Singh, first informant PW-4 and chik report lodged on its basis and also from evidences of eyewitnesses recorded at trial are that on 21.2.1981, Rajdhar son of Nandoo Lodhi, aged about 40 years, who was Chacha/Kakka of the first informant went to Sadgarh for purchasing diesel on his bicycle. Phool Singh PW-3 and Mathur Prasad of the same village also accompanied the deceased Rajdhar. Phool Singh PW-3 and Mathur Prasad of the same village also accompanied the deceased Rajdhar. They, after purchasing diesel while coming back on their bicycles reached on Link Road near Pati Ki Toriya around 6:00 p.m., all the accused persons namely Lachchoo and Nenney each armed with axes, Udal and Hardoo each armed with spears and remaining accused persons Man Singh, Mannoo, Mangla, Babu and Tijua armed with Lathis suddenly appeared on the Link Road, the appellant Lachchoo struck from blunt portion of the axe upon the head of the deceased Rajdhar. The deceased Rajdhar on sustaining blow by axe fell down and he was assaulted by the accused persons with their respective weapons namely spears, axes and Lathis. At that time, witness Mathura Prasad was eight steps ahead of the deceased Rajdhar and Phool Singh PW-3 was ten steps behind the deceased Rajdhar. When the witnesses ran to rescue the deceased Rajdhar, they were also extended life threat by the accused persons. As soon as eyewitnesses Mathura Prasad and Phool Singh got down from their bicycles, they were asked to go away failing which they were extended life threats. Due to fear of the accused persons, these eyewitnesses in order to save their lives ran from the place of the incident and narrated the incident to veterinary doctor Jaipal Singh PW-1 and others who were present at the Kutti. These persons immediately ran to the place of the incident/Pati Ki Toriya and saw that the accused persons were assaulting the deceased Rajdhar with their respective weapons. The first informant, Roop Singh was then present in the village and when he was informed about the incident by Vandan Badhai, he along with Sunder, Veer Singh and Preetam ran towards Pati Ki Toriya and other witnesses also reached there and saw the accused persons fleeing from the place of the incident with their respective weapons and identified the accused persons. Thereafter the witnesses reached near the deceased Rajdhar and found bleeding injuries on the dead body and by then Rajdhar had died. The bicycle of the deceased was left at the scene of the incident while the dead body of the deceased Rajdhar was brought near the village by the witnesses. 5. The first informant, Roop Singh could not lodge the first information report at the Police Station in the night because of fear of the accused persons. The bicycle of the deceased was left at the scene of the incident while the dead body of the deceased Rajdhar was brought near the village by the witnesses. 5. The first informant, Roop Singh could not lodge the first information report at the Police Station in the night because of fear of the accused persons. The first informant dictated the report of the incident to Chaturbhuj and went to the Police Station Girar with the written report Ext. Ka-2 and gave it at the Police Station. The first information report of the incident, on the basis of the written report was lodged on 22.2.1981 at 7:30 a.m. by Roop Singh PW-4 after covering a distance of 16 kilometers. 6. Head Constable, Munna Lal PW-6 prepared Chik FIR Ext. Ka-5 and made entry thereof in G.D. vide Ext. Ka-6 in his handwriting and proved the same. Ashok Kumar Narth, PW-10 the then S.O. Police Station Girar took upon himself investigation of the case and immediately started investigation. The Investigating Officer PW-10 along with other police constables proceeded to the place of the incident by making entry of the departure in G.D. Rapat No.11 at 7:45 a.m. dated 22.2.1981 and reached the scene of the incident at 10:00 a.m. He conducted the inquest on the dead body of the deceased Rajdhar and prepared inquest report in the presence of Punch witnesses vide Ext. Ka-7 and sealed blood stained clothes and shoes of the deceased Rajdhar in the presence of the public witnesses and prepared memo vide Ext. Ka-8. Material Exts. are shoes Ext.3, blue colour shirt Ext.4, Jacket Ext.5, Kurta Ext.6 and Dhoti Ext.7 which were sealed on the spot. A sum of rupee 1.50 was recovered from Jacket of the deceased Rajdhar, memo of which, Ext. Ka-8, was prepared. Receipts of purchasing diesel and other cash amount recovered from clothes of the deceased were taken in possession by the Investigating Officer by preparing memo Ext. Ka-9. Photonash, Chalannash, letter to R.I., letter to C.M.O. vide Exts. Ka-10 to Exts. Ka-14 were prepared by him and thereafter the dead body of the deceased was sealed in a cloth and sample seal was also prepared. The sealed dead body of the deceased Rajdhar was handed over to Constables Vrindavan PW-9 and Shahid Mohammad for taking the same to the mortuary for post mortem examination. 7. Ka-10 to Exts. Ka-14 were prepared by him and thereafter the dead body of the deceased was sealed in a cloth and sample seal was also prepared. The sealed dead body of the deceased Rajdhar was handed over to Constables Vrindavan PW-9 and Shahid Mohammad for taking the same to the mortuary for post mortem examination. 7. The bicycle of the deceased Rajdhar vide memo Ext. Ka-15 and his undergarments vide memo Ext. Ka-9 and receipts of diesel vide memo Ext. Ka-10 were also taken by the Investigating Officer PW-10. Just thereafter, Investigating Officer recorded statements of the witnesses Phool Singh, Mathura Prasad, Chaturbhuj and Chaukidar Bhagirath. At the pointing out the witnesses, he inspected the place of the incident and prepared site plan Ext. Ka-16. Blood stained earth ( Ext. 11) and plain earth ( Ext. 12) were taken by him vide memo Ext. Ka-17. He interrogated other witnesses Vandan Badhai and Jai Pal Singh on 23.2.1981 and recorded their statements too. The Investigating Officer, Ashok Kumar Narth PW-10 with the aforesaid sealed bundles reached the Police Station on 24.2.1981 and made entry of his arrival at Rapat No.13, Time 13:30 Hours and deposited the four sealed bundles at the Police Station vide memo Ext. Ka-18. 8. The accused Lachchoo was arrested on 26.2.1981 and was interrogated by the Investigating Officer PW-10. During interrogation, he assured to get weapon of offencexe recovered. Two public witnesses Mohan Lal PW-5 and Gopi were associated by the Investigating Officer for the said recovery of axe and the accused Lachchoo, in the presence of the witnesses, took out the said blood stained axe from inside a ditch between Pati Ki Toriya and Link Road. This axe is Ext.1 which was got recovered by the accused Lachchoo, memo of which is Ext. Ka-3. The said axe was sealed at the spot. The Investigating Officer prepared map of the place of the recovery of the blood stained axe vide Ext. Ka-19. All these facts were proved by the Investigating Officer PW-10 in his evidence at the trial. 9. Six accused persons namely Nenney, Mangla, Babu, Mannoo, Man Singh and Tijua were arrested by the Investigating Officer on 26.2.1981 on receiving clue from already arrested accused Lachchoo. The blood stains were found on the shirt ( Ext. 2) worn by the accused Nenney. The said shirt was taken into possession vide memo Ext. Ka-4. 9. Six accused persons namely Nenney, Mangla, Babu, Mannoo, Man Singh and Tijua were arrested by the Investigating Officer on 26.2.1981 on receiving clue from already arrested accused Lachchoo. The blood stains were found on the shirt ( Ext. 2) worn by the accused Nenney. The said shirt was taken into possession vide memo Ext. Ka-4. He also prepared map of the place of the arrest of the six accused persons which is Ext. Ka-20. The accused persons along with the said blood stained axe and shirt were deposited by the Investigating Officer PW-10 on 26.2.1981 at Rapat No.11 Time 17:00 Hours making entry in G.D. vide Ext. Ka-21. After completion of the investigation, the Investigating Officer PW-10 submitted charge sheet Ext. Ka-22 against seven accused persons and charge sheet Ext. Ka-23 against remaining two accused persons. The recovered articles were sent to the laboratory for chemical examination. 10. Dr. Surendra Chandra Sakalya, PW-2 was posted as Medical Officer at District Hospital Lalitpur. He conducted autopsy on the dead body of the deceased Rajdhar on 23.2.1981 at 2:30 p.m. which was brought to him by Constables Vrindavan and another who handed the same over to him in a sealed condition on 23.2.1981 at 11:00 a.m. According to him, the deceased was aged about 40 years and had died two days before. The body was of average built and rigor mortis passed off through all the four limbs. No sign of decomposition was present. He found the following ante mortem injuries on the dead body of the deceased:- ( i) Abraded contusion 5 cm x 3 cm on the left side of forehead underlying fracture of frontal bone. ( ii) Lacerated wound 2 cm x 1.8 cm x skin deep on lower part of right pinna. ( iii) Contusion 8 cm x 3.5 cm on right side of forehead underlying fracture of frontal bone. ( iv) Two horizontal contusions 8.5 cm x 1.5 cm on the back and middle of neck. ( v) Multiple horizontal and oblique contusion 3.5 cm x 1.5 cm to 8.5 cm x 1.5 cm on the outer part of right shoulder joint and upper arm. ( vi) Multiple horizontal, vertical, oblique contusions 8.6 cm x 1.8 cm to 20 cm x 1.8 cm on the back of chest and abdomen. ( v) Multiple horizontal and oblique contusion 3.5 cm x 1.5 cm to 8.5 cm x 1.5 cm on the outer part of right shoulder joint and upper arm. ( vi) Multiple horizontal, vertical, oblique contusions 8.6 cm x 1.8 cm to 20 cm x 1.8 cm on the back of chest and abdomen. ( vii) Stab wound 3 cm x 1.5 cm x bone deep on the outer and lower part of left upper arm. ( viii) Stab wound 4 cm x 1.5 cm x bone deep on the outer part of left upper arm, 5 cm below injury no.7. ( ix) Multiple abrasion 1.5 cm x 0.5 cm to 8 cm x 2.5 cm all over the left forearm, upper arm. ( x) Contusion 8 cm x 1.5 cm on the lower part of left forearm underlying fracture of radius & ulna. ( xi) Contusion 8 cm x 1 cm on the middle of left hand extending to middle finger underlying fracture of few carple bone and phalanxes. ( xii) Multiple horizontal contusion 5 cm x 2 cm to 8 cm x 2 cm on the left thigh. ( xiii) Multiple abrasions 3.5 cm x 2.5 cm to 5 cm x 4 cm on left leg. ( xiv) Lacerated wound 3 cm x 1.5 cm x muscle deep on the lower and outer part of right leg. On internal examination, he found the frontal bone fractured. The membrances of the brain were lacerated. There was laceration on the right side of brain. Right lobe of the lung was contused on the post aspect. Semi digested food was present in small intestine. Faecal matter was present in large intestines In his opinion, the death was caused due to shock and haemorrhage as a result of ante mortem injuries. Death of the deceased Rajdhar was possible on 21.2.1981 at 5:30 p.m. or 6:00 p.m. There could be duration of 7-8 hours either side. The doctor proved the post mortem report as Ext. Ka-1. 11. The charge under Sections 302 read with Section 149 IPC against the accused persons was framed by the trial Court. Five accused persons Man Singh, Mangla, Babu, Mannoo and Tijua were additionally charged under Section 147 IPC and other four accused persons Udal, Hardoo, Lachchoo and Nanhey were also charged under Section 148 IPC. Ka-1. 11. The charge under Sections 302 read with Section 149 IPC against the accused persons was framed by the trial Court. Five accused persons Man Singh, Mangla, Babu, Mannoo and Tijua were additionally charged under Section 147 IPC and other four accused persons Udal, Hardoo, Lachchoo and Nanhey were also charged under Section 148 IPC. Charges were readover and explained to the accused persons who pleaded not guilty and claimed to be tried on the said charges. 12. The prosecution, in order to prove its case and charges levelled against the accused persons examined Jaipal Singh PW-1, Phool Singh PW-3 and first informant Roop Singh PW-4 as eyewitnesses. Mohan Lal PW-5 was also examined to prove recovery of the blood stained axe from the accused Lachchoo at his pointing out. He proved recovery of the said blood stained axe from the accused Lachchoo. In the formal evidence, H.M. Munna Lal PW-6 was examined to prove Chik FIR Ext. Ka-5 and G.D. entry thereof vide Ext. Ka-6. Constable Jairam Singh PW-7 filed his affidavit deposing that on 13.7.1981 when he was posted at the store house of the Police Station, he received seven sealed bundles with samples of seal through Constable Chhotey Singh and the same were entered at G.D. No.82. He also deposed that on 20.2.1982, the case property comprising of five sealed bundles with sample seal were sent to the Chemical Examiner, Agra, for chemical examination and so long as case property was in his possession, the same remained in sealed condition and none was allowed to touch or tamper with the seals thereof. 13. The prosecution has also examined Pritam Lal Vishwakarma PW-8, clerk posted at District Hospital, Lalitpur on 20.2.1982 who filed his affidavit at trial stating that the case property was deposited at the Police Station Girar on 20.2.1982 through C.P. Fateh Bahadur Nigam, which was sent to the laboratory for chemical examination in a sealed condition and till articles were in his custody, they remained in sealed condition and none was allowed to touch or tamper with the seals thereof. The prosecution examined Constable Vrindavan PW-9 who proved that the sealed dead body along with relevant papers were handed over to him and Constable Shahid Mohammad and the same were handed over to Dr. Suresh Chandra Sakalya PW-2 for post mortem examination in the sealed condition. The prosecution examined Constable Vrindavan PW-9 who proved that the sealed dead body along with relevant papers were handed over to him and Constable Shahid Mohammad and the same were handed over to Dr. Suresh Chandra Sakalya PW-2 for post mortem examination in the sealed condition. The prosecution examined Ashok Kumar Narth, the then S.O. PW-10 to prove evidence collected during investigation. He also proved that the investigation was promptly started and statements of the witnesses under Section 161 Cr.P.C. were promptly recorded and place of the occurrence was inspected in the presence of the witnesses and map thereof was prepared at the pointing out of the eyewitnesses. He also proved that on finding sufficient evidence, he filed two charge sheets against the accused persons. Constable Chhotey Singh PW-11 filed his affidavit at trial to prove that on 13.7.1981, he was posted as clerk at Police Station Girar and the case property comprising of seven sealed bundles with sample seals were deposited at Police Station Sadar Malkhana by him and so long as these article were in his possession, he did not allow anyone to touch or tamper with the seals thereof. 14. All the accused persons when examined under Section 313 Cr.P.C. denied the prosecution version, pleaded their false implication in the present case. They stated that they have been falsely implicated in this case due to collusion of veterinary doctor Jaipal Singh with the police and village Pradhan. They also pleaded their false implication due to enmity as they used to make complaints against veterinary doctor Jaipal Singh to the police. The accused Tijua also stated that he got some application moved against veterinary doctor Jaipal Singh PW-1 through Harijans. The aunt/Chachi of Phool Singh PW-3 had illicit relation with Vinda Harijan, then the accused Tijua had outcasted Phool Singh from his caste. Due to this reason, Phool Singh nurtured some grudge against him. The same statement was given by other accused persons. The accused persons in their defence filed some receipts ( Paper Nos.109-A and 110-A) showing income of Lachchoo from the business of clothes. The certified copy of the personal bond ( Paper No.111-A) executed by the deceased Rajdhar on 29.2.1980 in the Court of the Pargana Magistrate, in Case No.150 of 1979-80 under Section 107/116 Cr.P.C. Police Station Girar, District Lalitpur was filed. The certified copy of the personal bond ( Paper No.111-A) executed by the deceased Rajdhar on 29.2.1980 in the Court of the Pargana Magistrate, in Case No.150 of 1979-80 under Section 107/116 Cr.P.C. Police Station Girar, District Lalitpur was filed. This document shows that the deceased was bound down by this personal bond executed in the Court of the Executive Magistrate, to maintain peace. The certified copy of the application ( Paper No.112-A) moved by Prema Bai wife of Chatura on 27.10.1980 in the Court of the Munsif Magistrate, in Criminal Case No.1186 of 1980 Smt. Prema Bai vs. Nenney, under Section 323, 354, 504, 506 IPC was also filed. 15. In the case under Section 107/116 Cr.P.C., the certified copy of one more personal bond ( Paper No.113 -A) furnished by Dhan Singh, the prosecution witness was filed. The certified copy of the judgment and order dated 30.9.1977 ( Paper Nos.114-A to 117-A) passed by the Chief Judicial Magistrate, Tikamgarh, Madhya Pradesh, in Criminal Case No.175 of 1975 was also filed. It appears from this judgment and order dated 30.9.1977 that proceedings were initiated against Mohan Lal son of Chaturbhuj Lodhi and Smt. Nooni Bai wife of Manuwa Dheemar under Section 457, 458, 394 IPC. In the said case, the accused Mohan Lal was convicted under Section 458, 394 IPC but was given benefit of the Probation Act. Smt. Nooni Bai was acquitted of the said charges. The certified copies of the statements of Rajdhar and Anant Ram vide Paper Nos.121-A and 122-A, under Sections 313 Cr.P.C. recorded in Session Trial No.54 of 1976, State Vs. Kanchedi and others, under Sections 399, 402 IPC and 25 Arms Act, in the Court of the Additional Sessions Judge, Lalitpur, were also filed. The accused persons also filed a type written application dated 27.2.1980 vide Paper No.123-A to the District Magistrate, Lalitpur, making allegations against veterinary doctor Jaipal Singh PW-1. No other defence evidence was adduced by the accused persons at the trial. 16. The prosecution examined Jaipal Singh, veterinary doctor/Government Officer posted in the village of the occurrence and Phool Singh PW-3 who was accompanying the deceased Rajdhar at the time of the incident and Roop Singh PW-4 who, on getting the information of the incident, along with others reached the place of the incident and saw the accused persons running from the scene of the incident in the eyewitness account. Mohal Lal PW-5 who was witness of the recovery of the blood stained axe which was made on 26.2.1981 at 6:30 a.m. after five days of the murder from the ditch amidst bushes at the pointing out of the accused-appellant Lachchoo, was also examined to prove recovery of the blood stained axe at the instance of the accused-appellant Lachchoo. 17. The incident of murder of Rajdhar took place at the two nearby places. On Link Road when the deceased Rajdhar, after purchasing diesel was coming back to his house, he was accompanied on a separate bicycle by Phool Singh PW-3 on 21.2.1981 at 6:00 p.m., the accused persons suddenly appeared on Link Road where they were ambushed inside the bushes and just then they attacked the deceased Rajdhar with their respective weapons i.e. axes, spears and Lathis. When the accused persons were attacking, they consternated Phool Singh PW-3 and Mathura Prasad warning them to run away from the place of the incident and consequently they immediately left the place in order save their lives from the accused persons and reached near Kutti/hut where Jaipal Singh PW-1 and others were present. Phool Singh PW-3 and Mathura Prasad raised cries near Kutti/hut loudly telling that the accused persons were attacking Rajdhar with their respective weapons and thereafter these witnesses ran towards their village. PW-3 and Mathura Prasad were so much terrorized that they preferred to go towards their village instead of going with Jaipal Singh and other persons present at Kutti to the Link Road. Not only this, Phool Singh PW-3 only dared to appear in the witness box and deposed about the incident whereas Mathura Prasad did not dare to appear in the witness box at trial. PW-3 was eyewitness of the incident which was caused by the accused persons on Link Road. 18. Second part of the incident is Pati Ki Toriya which was near the Link Road. It was Jaipal Singh PW-1 who previously knew the accused persons being resident of the same village and reached along with others at Pati Ki Toriya from Kutti. Phool Singh PW-3 preferred to reach the village because he wanted to apprise Roop Singh PW-4 who was nephew of the deceased Rajdhar about the incident and Phool Singh PW-3 on tracing Roop Singh in the village told him about the incident. Phool Singh PW-3 preferred to reach the village because he wanted to apprise Roop Singh PW-4 who was nephew of the deceased Rajdhar about the incident and Phool Singh PW-3 on tracing Roop Singh in the village told him about the incident. Roop Singh PW-4 coming to know about the incident reached along with others at Pati Ki Toriya i.e. second place of the incident which was just near the first place of the incident/Link Road. 19. According to testimony of Jaipal Singh PW-1, he was present on the day of the incident viz 21.2.1981 about 5:30 p.m. at Kutti/hut situated outside the village where Molu, Gopi, Murat, Kanchhedi and others were present. Phool Singh and Mathura Prasad, on their separate bicycles, while going through side of Link Road and passing through Kutti/hut, loudly cried that the accused persons were beating Rajdhar near Pati Ki Toriya. Hearing about the incident, the witnesses present at Kutti/hut including Jaipal Singh PW-1 reached towards Link Road and saw that the accused persons were taking Rajdhar from Link Road to Pati Ki Toriya and were beating him. The accused Lachchoo and Nanhey each armed with axes, Udal and Hardoo each armed with spear and remaining accused persons each armed with Lathis were thrashing the deceased Rajdhar with their respective weapons. After about 15 minutes, Roop Singh PW-4, Pritam, Sunder and Veer Singh also rushed to the place when the accused persons were challenged by the witnesses, they scampered believing Rajdhar to be dead. At the time of this incident, there was sufficient light as the sun was yet to set. PW-1 and others brought dead body of the deceased Rajdhar from the place of the incident to the nearby well situated outside the village and also bicycle of the deceased lying on Link Road. 20. Phool Singh PW-3 is eyewitness of the incident which took place before him near Pati Ki Toriya. Roop Singh PW-4 is nephew of the deceased Rajdhar and witness of the fact that on the day of the incident around 5:45 p.m. he was informed by Vandan Badhai that the accused persons were beating Rajdhar on Pati Ki Toriya near Link Road. Vandan Badhai was also informed about the incident by Phool Singh and Mathura Prasad. Roop Singh PW-4 is nephew of the deceased Rajdhar and witness of the fact that on the day of the incident around 5:45 p.m. he was informed by Vandan Badhai that the accused persons were beating Rajdhar on Pati Ki Toriya near Link Road. Vandan Badhai was also informed about the incident by Phool Singh and Mathura Prasad. This PW-4 along with others reached at the place of the incident Pati Ki Toriya where Jaipal Singh PW-1, Gopi, Kanchhedi, Mulwa and Murat were already present. All these witnesses saw that the accused persons Lachchoo and Nanhey each armed with axe, Udal and Hardoo each armed with spear and remaining five accused persons Man Singh, Mangla, Babu, Mannoo and Tijua each armed with Lathis were present at the place of the incident where his Kaka Rajdhar in critical injured condition was lying. The accused persons seeing the witnesses ran towards the village Ramgarha leaving Rajdhar at the scene of the incident. When PW-4 reached the place of the incident, the sun had not set and there was sufficient light of the setting sun at the relevant time. As a result of beating caused by the accused persons, the deceased Rajdhar succumbed to the injuries on the place of the incident itself. The dead body of the deceased Rajdhar was brought on a cot to the said well situated outside the village and bicycle of the deceased was also lifted from the place/Link Road and brought to the same well. Thus Roop Singh PW-4 is the witness who had seen the accused persons variously armed at the time of the incident where his Kaka Rajdhar was lying in critical injured condition and at the time when the witness reached the place of the incident, the deceased Rajdhar had already succumbed to the injuries, hence the dead body was brought to the said well. 21. Roop Singh PW-4 is the first informant of the incident and according to his testimony, he did not go to the Police Station for lodging the first information report of the incident in the night because of fear of the accused persons and he was apprehending danger to his life at the hands of the accused persons if he went to the Police Station to lodge the first information report at night. He, on the following morning went to the Police Station Girar to lodge the first information report along with village Chaukidar. Roop Singh PW-4 dictated the report of the incident to Chaturbhuj Patel. The report was written as per dictation of this witness which the witness proved as Ext. Ka-2. The witness reached the Police Station Girar around 7:00 a.m., after covering a distance of 16 kilometers, on 22.2.1981 where the first information report was lodged at 7:30 a.m. The reason for committing the murder of Rajdhar by the accused persons, as alleged by PW-4, was that the deceased Rajdhar used to convene Panchayat of the village which had led to some ill-will between the deceased Rajdhar and the accused persons. According to the testimony of PW-4, the village of the incident Pati Ki Toriya was about one mile away from his house and the witness reached Pati Ki Toriya via Link Road. This PW-4 clearly denied the defence suggestion that the deceased Rajdhar was murdered by some unknown persons in the intervening night of 21/22.2.1981 near the said well situated outside the village and ante timed first information report was lodged after consultation and deliberation with village Pradhan. 22. Phool Singh PW-3 was cross examined extensively by the accused persons but the witness was not at all shaken during cross examination. It emerges from cross examination of PW-3 that the deceased was not real Chacha ( uncle) of the witness but was remotely related Chacha ( uncle). It is also evident from testimony of PW-3 that village Ramgarha was about one mile away from the place of the incident and there was no village or Abadi between the place of the incident and village Ramgarha. The accused persons thrashed the deceased on Link Road with their respective weapons for about 5-6 minutes and blows were not given continuously. As a result of sustaining injuries, the deceased Rajdhar fell down on the ground with bleeding from his head and the witness was forced to run away from the place of the incident by the aggresive attitute of the accused persons who were warning him to immediately leave the said place. The said Kutti/hut was situated outside the village. The witness hardly took 1 or 2 minutes to reach the village after passing through Kutti/hut. The witness narrated the incident to Vandan Badhai in the village. The said Kutti/hut was situated outside the village. The witness hardly took 1 or 2 minutes to reach the village after passing through Kutti/hut. The witness narrated the incident to Vandan Badhai in the village. After reaching his house, the witness left his bicycle there and searched out for Roop Singh in the village and when he met Roop Singh, he told the said incident. After reaching his house, PW-3 did not revisit the place of the incident. Phool Singh PW-3 also denied the defence suggestion that the deceased was murdered by some unknown persons in the intervening night of 21/22.2.1981 near Harijan Kuwan ( well) on Link Road and PW-3 did not witness the incident. The witness also denied the suggestion that the first information report of the incident was lodged ante timed after consultation with village Pradhan in the presence of the police. 23. Jaipal Singh PW-1 was veterinary doctor posted at Government Veterinary Hospital and was present at 5:30 p.m. on 21.2.1981 at the Kutti where he used to go in the evening and thereafter hearing about the incident of beating of Rajdhar by the accused persons, he along with others reached the place of the incident i.e. Pati Ki Toriya via Link Road and concealing himself behind bushes saw the incident. When the accused persons were challenged by the witnesses including PW-1, the accused persons fled from the place of the incident leaving Rajdhar in dead condition. There was sufficient light of the setting sun at the time of the incident which enabled PW-1 to see the weapons held by the accused persons and the role played by them in committing the murder of the deceased Rajdhar. PW-1 previously knew the accused persons and there was no difficulty in identifying the accused persons at the time of the incident. PW-1 was the Government Officer and independent witness. He had no grudge with the accused persons. The deceased Rajdhar sometimes used to go to PW-1 but PW-1 never visited the deceased. The Investigating Officer promptly interrogated Jaipal Singh PW-1. PW-1 was the Government Officer and independent witness. He had no grudge with the accused persons. The deceased Rajdhar sometimes used to go to PW-1 but PW-1 never visited the deceased. The Investigating Officer promptly interrogated Jaipal Singh PW-1. Jaipal Singh had reached the said Kutti 15 minutes prior to passing of Phool Singh and others through the Kutti and PW-1 and others were sitting at the said Kutti when Phool Singh and Mathura Prasad raised cries from a distance of 30-40 meters and after hearing cries, PW-1 and others reached near the road where they were told about the incident. It is further evident from testimony of PW-1 that there was sufficient light of the sun setting when the dead body of the deceased Rajdhar was brought to the said well. There was a distance of 30-40 steps between Link Road and Pati Ki Toriya. The deceased Rajdhar in injured condition was brought from Link Road to Pati Ki Toriya by the accused persons. 24. Now we deal with the contentions raised by the learned counsel for the appellants during arguments. First submission of the learned counsel for the appellants is that receipt of purchase of diesel by the deceased Rajdhar was not proved by the prosecution. This contention is not supported by the evidence on record. The said receipt was recovered from pocket of jacket of the deceased Rajdhar, which was taken into possession by the police on 22.2.1981 vide memo Ext. Ka-9. 25. Next contention of the learned counsel for the appellants is that Phool Singh PW-3 had deposed against the accused-appellants due to enmity and the said enmity was repeated by the accused persons in their statements recorded under Section 313 Cr.P.C. The ground of enmity as pleaded by the appellants was that Chachi of Phool Singh had illicit relation with one Funda Harizan and the witness was outcasted by the accused persons. No kind of enmity was suggested to Phool Singh PW-3 on behalf of the accused persons at trial. The witness was not suggested that he was deposing against the accused due to some enmity. The witness clearly denied about illicit relation of his Chachi with Funda Harizan during his cross examination. No evidence about any kind of enmity between PW-3 and the appellants or any kind of such illicit relation is available on record. The witness was not suggested that he was deposing against the accused due to some enmity. The witness clearly denied about illicit relation of his Chachi with Funda Harizan during his cross examination. No evidence about any kind of enmity between PW-3 and the appellants or any kind of such illicit relation is available on record. The conduct of PW-3 has been assailed by the learned counsel for the appellants before us contending that after seeing the incident and informing Roop Singh, Phool Singh PW-3 did not reach the place of the incident again and he slept in his house at night and in the following morning he did his work as usual. As stated above, Phool Singh PW-3 was an independent witness having no interest with either party and also having no interest in the result of the case and he could not be expected to reach the place of the incident again and take over interest therein. Since he accompanied the deceased Rajdhar at the time of the incident, after seeing the incident, he had to leave the place of the incident when threat with dire consequences was extended by the accused persons and he while reaching towards his house passed through Kutti/hut situated outside the village raised alarm and loudly told about the incident to the witnesses including Jaipal Singh present at Kutti/hut. After reaching the village, he searched for Roop Singh PW-4 and informed him about the incident. Whatever could be expected from an independent witness was done by him as required from an ordinary and prudent person. He had no interest with the outcome of the case. A close and careful scrutiny of evidence of Phool Singh PW-3 depicts that he is truthful and reliable eyewitness and there is no reason to discredit his testimony. His presence cannot be doubted as he was accompanying the deceased Rajdhar at the time of the incident. 26. Next contention of the learned counsel for the appellants is that according to evidence of Phool Singh PW-3, no blood was found on Link Road. Contrary to it evidence of Ashok Kumar Narth PW-10 depicts that blood stained earth was taken by him from Link Road. The Investigating Officer PW-10 did not take any blood stained earth from Pati Ki Toriya. Contrary to it evidence of Ashok Kumar Narth PW-10 depicts that blood stained earth was taken by him from Link Road. The Investigating Officer PW-10 did not take any blood stained earth from Pati Ki Toriya. The Investigating Officer reached the place of the incident next day and he during cross examination disclosed the place from where he collected blood stained and plain earth. The blood stained earth was sealed on the spot and was sent to the chemical examiner for test and as per report of the chemical analyst Ext. Ka-25, clothes of the deceased Rajdhar namely Dhoti, Kamij, Jacket, Shoes, blood stained earth and axe and one Kurta having blood stains and Shirt ( Ext. 2) of the accused Nanhey having blood stains, were taken by the police before Mohan Lal PW-5. Laboratory report Ext. 25 clearly depicts that human blood was found in the blood stained earth taken from the place of the incident. This contention of the learned counsel for the appellants also has no substance and is hereby repelled. 27. Next contention raised by the learned counsel for the appellants is that the accused persons moved an application on 27.2.1980 before the District Magistrate against Jaipal Singh levelling serious allegations, hence his evidence is not reliable. The said typed written application is available on record but the same was not proved, even the result of the said application has not been clarified by the accused persons at trial. Not only this, relevant papers including the said application were not summoned from the office of the District Magistrate and if allegations levelled against Jaipal Singh PW-1 had substance, no effort was made to summon the the said application from the office of the District Magistrate and prove the same. The testimony of Jaipal Singh PW-1 who happens to be independent witness is also truthful, natural and creditworthy and there is nothing on record to discredit his testimony. No ill will/ enmity was suggested to PW-1 by the accused persons at trial. 28. Learned counsel for the appellants next contended that there was contradiction between ocular testimony and the medical evidence. As many as 13 ante mortem injuries were found as per the post mortem report of the deceased Ext. Ka-1. It has further been argued that the incident took place at two places and only 13 injuries were caused by nine accused persons. As many as 13 ante mortem injuries were found as per the post mortem report of the deceased Ext. Ka-1. It has further been argued that the incident took place at two places and only 13 injuries were caused by nine accused persons. We have carefully pondered over this submission and compared the same with the evidence but we find no substance in this contention. There is no contradiction between the ocular testimony and medical evidence. 29. One more contention of the learned counsel for the appellants is that the incident took place on 21.2.1981 at 6:00 p.m., the first information report of the incident was lodged on 22.2.1981 at 7:30 a.m. with considerable delay. After going through the evidence on record, we are unable to accept this contention. Sufficient reason was given in the written report itself and also appeared in the evidence of the first informant Phool Singh PW-4 about delay in lodging the first information report. It was mentioned in the first information report itself that because of fear and consternation, the first information report could not be lodged at night. Phool Singh PW-4 was so much terrorized and apprehended danger to his life at night that in the following morning, he first dictated the report of the incident and then went to the Police Station with village Chaukidar. The first information report was lodged in the following morning at 7:30 a.m. after covering a distance of 16 kilometers 30 years back. Delay, if any, caused in lodging the first information report is well explained. This contention also fails. 30. Last contention of the learned counsel for the appellants is about recovery of the blood stained axe. Blood was found on the said axe. The accused Lachchoo was arrested by the police on 26.2.1981 and then he assumbed the police to get the said axe recovered and the said axe with blood stains was recovered by the police at the instance of the appellant Lachchoo in the presence of public witness Mohan Lal PW-5 vide recovery memo Ext. Ka-3. Even if for a moment, the recovery of the said axe and non-use of the said axe is presumed, there is clinching and cogent evidence on record connecting the appellants with the murder of the deceased Rajdhar. Papers filed by the appellants in defence at trial have no relevance with the matter in hand. Ka-3. Even if for a moment, the recovery of the said axe and non-use of the said axe is presumed, there is clinching and cogent evidence on record connecting the appellants with the murder of the deceased Rajdhar. Papers filed by the appellants in defence at trial have no relevance with the matter in hand. They do not cast any kind of shadow on genuineness of the prosecution case or do not show any enmity of eyewitnesses with the appellants. There was no enmity even remotely to falsely implicate the appellants in the murder of Rajdhar, there appears to be no reason for false implication. 31. After a close and careful analysis of the above evidence, we agree with the findings recorded by the trial Court vide impugned judgment. There is no cogent reason to distract from them. The conviction of the appellants vide impugned judgment recorded by the trial Court is well merited and well founded leaving no doubt about false implication of the appellants in this case. The presence and participation of the appellants in this murder case on the day, time and place of the occurrence is established and proved beyond any shadow of reasonable doubt. The eyewitnesses have given truthful version of the prosecution story and their evidence is further strengthened by the medical evidence. The statements of the eyewitnesses conform to each other, suffer from no major or minor contradictions. The presence of the eyewitnesses on the date, time and place of the incident is established beyond doubt. The first information report in this case was lodged without any consultation or deliberation and there is no chance of any false implication of the appellants. 32. We had been taken through the entire record by the learned counsel for the parties. In view of the above meticulous analysis of the whole evidence available on record, we do not find any ground, on the basis of which we may reach conclusion that any of the findings recorded by the trial court is improbable or does not require affirmation. We do not see any cogent reason to interfere with the judgment and order dated 31.7.1982 passed by Additional Sessions Judge/Special Judge, ( Dacoity Affected Area) Lalitpur, recording conviction and sentence of the appellants. Consequently, the impugned judgment and order is hereby affirmed. The appeal filed by appellants lacks merit and is, accordingly dismissed. 33. We do not see any cogent reason to interfere with the judgment and order dated 31.7.1982 passed by Additional Sessions Judge/Special Judge, ( Dacoity Affected Area) Lalitpur, recording conviction and sentence of the appellants. Consequently, the impugned judgment and order is hereby affirmed. The appeal filed by appellants lacks merit and is, accordingly dismissed. 33. Since the appeal is dismissed, the bail bonds and surety bonds of the appellants are cancelled. The appellants are directed to surrender before the trial court immediately to serve out the remaining part of the sentence awarded to them. If they fail to surrender within one month, the trial court is directed to get the appellants arrested and send them to jail for serving out the remaining part of the sentence awarded by the trial court by means of the impugned judgment and order dated 31.7.1982. 34. Let a copy of this order be sent to the trial court forthwith for compliance.