JUDGMENT Hon’ble Servesh Kumar Gupta, J. Both the above-named appellants have been found guilty for the offence of section 304 IPC in Sessions Trial No.21 of 1994. The said trial pertains to crime no.1224 of 1993 at police station, Haridwar and was adjudicated by the Sessions Judge on 11.3.2003. Each of the convicts has been sentenced to 10 years’ rigorous imprisonment with fine of Rs.5,000/- each, in default of which, two years’ additional rigorous imprisonment was awarded. 2. As per the prosecution story, both the appellants were noticed in the wee hours at about 4:15 A.M. of 17.10.1993 while they were causing blows of stone to one Nand Kishore Malhotra at the place, which is known in the close vicinity of the area popularly known as ‘Harki Padi’. PW2 constable Vinod Kumar, along with PW1 constable Ravindra Kumar, was patrolling the area as they were deputed for the same in that night. As they heard the shouting voice coming from a very close distance, they proceeded ahead towards that direction with Torches in their respective hands and succeeded to catch hold of the culprits after chasing them for almost 50 paces. PW1 and PW2 were also assisted by some public witnesses, namely, PW5 Raju (a rickshaw puller by profession), PW6 Satyapal and PW7 Rakesh. By that time, the victim had been injured seriously at the hands of assailants, so one police constable Ravindra Singh marched forward with the injured to the government hospital in order to save his life. Injured was admitted in the hospital soon after the incident at about 4:45 AM. PW3 Dr. K.B. Sarabhai found the following injuries on the body of injured: - “A. ‘W’ shaped lacerated wound 10 cm x 5 cm area on left side head, 5 cm above left ear. Bone deep. B. Lacerated wound 3.5 cm x 2.5 cm x bone deep on right side head, 11 cm above right ear. C. Lacerated wound 3 cm x 2 cm x bone deep on middle of occipital region, 11 cm behind left ear. D. Multiple lacerated wounds area 6 cm x 3 cm on left Pinna. E. Lacerated wound 1 cm x 0.5 cm x muscle deep on outer end of left eyebrow. F. Lacerated wound 3 cm x .5 cm x cartilage on inner aspect of right ear Pinna, bleeding from both ears and both nostrils present. D. Multiple lacerated wounds area 6 cm x 3 cm on left Pinna. E. Lacerated wound 1 cm x 0.5 cm x muscle deep on outer end of left eyebrow. F. Lacerated wound 3 cm x .5 cm x cartilage on inner aspect of right ear Pinna, bleeding from both ears and both nostrils present. G. Lacerated wound 2.5 cm x .5 cm x muscle deep on inner aspect of left side of upper lip. H. Contused swelling of 13 cm x 8 cm on left side angle on mandible and gums. Advised X-ray. I. Lacerated wound 3 cm x 1.5 cm x muscle deep on dorsum of left middle finger. J. Contusion 5 cm x 3 cm on middle of back. K. Contusion 3.5 cm x 2 cm on left upper eye lid.” 3 3. On account of the above injuries, the victim lost his life in the hospital itself on 19.10.1993 at 6:55 A.M. Autopsy (Ex.Ka-3) was conducted in the government hospital, Haridwar. The doctor conducting post-mortem opined that the deceased died on account of shock and haemhorrage as a result of ante-mortem injuries. 4. PW2 Constable Vinod Kumar lodged the first information report (Ex.Ka-1) on 17.10.1993 at 6:15 AM. Investigation culminated into submission of chargesheet against the appellants for the offence of section 304 IPC, and accordingly. learned Sessions Judge levelled the Charge. They abjured their guilt and claimed trial. 5. Having heard the learned counsel on behalf of appellants as well as the State counsel, it is clear that the incident has fully been proved by PW1 constable Ravinder Kumar and PW2 constable Vinod Kumar. They are the eyewitnesses of the occurrence and have nabbed the culprits on the spot after chasing them for almost 50 paces. 6. Learned counsel has argued that PW1 and PW2 being the police witnesses, no reliance can be placed upon their evidence. More so, when the witnesses, who were present at the spot and were examined by the Investigating Officer u/s 161 Cr.P.C., have not supported the prosecution case. This contention of learned counsel is not acceptable for the reason that gone are the days when the testimony of police persons was looked into by the court with a pinch of doubt until and unless supported by independent witnesses. This contention of learned counsel is not acceptable for the reason that gone are the days when the testimony of police persons was looked into by the court with a pinch of doubt until and unless supported by independent witnesses. The incident, in question, took place in the month of October, 1993 and these independent witnesses, who hail from lower strata of society, were examined exactly after six years of occurrence. Within this time span of six years, it is not unusual on the part of appellants to win over such persons and to make them hostile. Not supporting the prosecution case by these eyewitnesses cannot be the basis to place distrust upon the testimony of police personnel, who have no grudge or any other motive to frame culprits for false allegations. In this regard, Hon’ble the Apex Court has propounded the law time and again. In the case of ‘Nathoo Singh v. State of M.P.’ reported in 1974 Cr.L.J. 11 S.C., it was held that – the mere fact that the prosecution witnesses are police officers, is not enough to discard their evidence in the absence of evidence of their hostility to the accused. 7. Further, in the case of ‘State of Delhi v. Sunil & another’ reported in 2001(1) A.Cr.R. 170, the Hon’ble Apex Court has held that – we feel that it is an archaic notion that actions of the Police officer should be approached with initial distrust. We are aware that such a notion was lavishly entertained during British period and policemen also new about it. Its hangover persisted during post-independence years but it is time now to start at least initial trust on the actions and documents made by the police. At any rate, the Court cannot start with the presumption that the police records are untrustworthy. As a proposition of law, the presumption should be the other way around. That official acts of the police have been regularly performed, is a wise principle of presumption and recognized even by the legislature. 8. At any rate, the Court cannot start with the presumption that the police records are untrustworthy. As a proposition of law, the presumption should be the other way around. That official acts of the police have been regularly performed, is a wise principle of presumption and recognized even by the legislature. 8. The submissions of learned counsel to the effect that, there was no sufficient light at the spot; the stone/weapon of assault was not recovered by the police; the general diary of the patrolling of police personnel was not produced; the spot map was not prepared by the Investigating Officer at the instance of PW1; the dying declaration of injured was not recorded; chasing by the police personnel and nabbing the culprits by running forward 50 paces was not possible; are all untenable. Firstly, no question has been put forth in cross-examination either from the witnesses or from the Investigating Officer as to how the weapon of assault could not be recovered or the general diary of patrolling could not be brought on the record etc. Police constables PW1 and PW2, around 30 years of age, were the young persons and it was quite possible for them to chase the culprits and to nab them, because they are trained for the purpose. Moreover, the Torch, which they possessed, is a special instrument which is meant to make the visibility clear for a long distance. To record dying declaration in such cases is not the requirement of law, particularly when, the direct evidence is available. It can also significantly be noted that both the accused persons as well as the deceased are the residents of Bareilly city which is not very far from Haridwar, and this city remains busy round the year. Mid October is not so cold in the plain areas and even it motivates the pilgrims to have a dip in Ganga in the chilly winters of January and February also. The people from all over the country visit this holy city Haridwar and particularly to the location Harki Padi to have a dip in the sacred river. 9. Nothing has been explained by these appellants in their statements u/s 313 Cr.P.C. regarding the purpose of their visit and presence on the spot on the relevant date and time. The people from all over the country visit this holy city Haridwar and particularly to the location Harki Padi to have a dip in the sacred river. 9. Nothing has been explained by these appellants in their statements u/s 313 Cr.P.C. regarding the purpose of their visit and presence on the spot on the relevant date and time. They cannot deny their presence on the spot because they were caught just within a minute or two of the incident. 10. As regards the motive of the accused persons, it looses its importance in the case of direct evidence. Otherwise also, the motive remains hidden in the heart of a man and most of the times it is difficult to infer the same. 11. At last, learned counsel for the appellants, beseeched for modification of sentence in lesser side, stating the mitigating factors, as almost two decades have passed after the said incident and after lapse of such a long period, the accused persons are already in their early sixties. It was further submitted that the appellants remained in gaol for almost two years, either immediately after their arrest or subsequent to holding them guilty by the Trial Court. Considering the above facts, the Court hereby reduces the quantum of sentence awarded to each of the appellants u/s 304 IPC to seven years’ rigorous imprisonment from 10 years’ R.I., as awarded by the court below. It is made clear that the fine, as awarded to each of the appellants is left intact. 12. The appeal is, accordingly, partly allowed only on the score of quantum of sentence while it is hereby dismissed on merits. The appellants are on bail. Their bail bonds are cancelled. Let they be taken into custody forthwith to serve out the sentence as modified by this Court. The period already undergone shall be adjusted from this term. 13. A copy of this judgment and order along with L.C.R. be transmitted to the court concerned for compliance.