JUDGMENT : S.N. Agnihotri, J. 1. The instant appeal is directed against the judgment and order dated 27.06.2002 passed by IInd Additional Sessions Judge, Mahoba in Crime No. 155 of 2000, Sessions Trial No. 141 of 2000, under Section 302 read with Section 34 Indian Penal Code, Police Station Ajnar, District Mahoba (Halke alias Gulab and two others versus State of U.P.), whereby the learned Additional Sessions Judge, Court No. 2 held appellants Halke @ Gulab Chandra, Santosh and Ram Saran guilty and awarded life imprisonment with a fine of Rs. 5,000/- each in default of which additional imprisonment of six months was also ordered. 2. According to F.I.R. and the statement of the witnesses of the prosecution, the facts of the case are that the complainant Sri Thakur Das (PW1) with his son Sri Ram Swaroop (deceased) were coming from jungle (field) carrying fire wood on 18.07.2000 at about 01:30 p.m. When they reached near the house of Nandua Kachhi, accused persons namely Halke alias Gulab, Santosh, Ram Saran and Nand Kishore (Juvenile) intercepted them. Accused were armed with axe. Accused Sri Ram Saran exhorted other accused to kill father and son and then they all collectively assaulted Ram Swaroop with axe. Complainant and his son made hue and cry, hearing which the witnesses Sarve Shri Dau (PW2), Veer Singh @ Biru (PW3) and Shekhar came at the place of occurrence and witnessed the incident. Accused persons chopped off the head from the trunk of deceased Ram Swaroop. Complainant (PW1) got scribed an application from Sri Nathu Ram, Exhibit Ka-1 and lodged it at Police Station Ajnar. 3. It is also alleged by the complainant that prior to this incident, a quarrel took place between the deceased Sri Ram Swaroop wherein son of accused Sri Ram Saran namely Sri Rajesh @ Rajo was injured. Accused-persons committed murder of complainant son Sri Ram Swaroop due to this enmity. 4. After registration of the crime, Sub Inspector, Sri Ranjeet Singh started investigation and visited the place of the occurrence with required documents and police employees. He prepared inquest report Exhibit Ka-4. After execution of the inquest report, investigator prepared documents Police Form No. 13 Exhibit Ka-5, photo of dead body Exhibit Ka-6, letter to Reserve Inspector Police Line Mahoba Exhibit Ka-7, letter to Chief Medical Officer, Mahoba Exhibit Ka-8 and sent the body to District Head Quarter for Post Mortem. He prepared inquest report Exhibit Ka-4. After execution of the inquest report, investigator prepared documents Police Form No. 13 Exhibit Ka-5, photo of dead body Exhibit Ka-6, letter to Reserve Inspector Police Line Mahoba Exhibit Ka-7, letter to Chief Medical Officer, Mahoba Exhibit Ka-8 and sent the body to District Head Quarter for Post Mortem. After that Investigator inspected the place of occurrence, prepared site plan Exhibit Ka-10 and took blood stained and simple soil from the place of occurrence, prepared a memo Exhibit Ka-9. On 20.7.2000 police arrested accused persons Sri Santosh, Sri Ram Saran and Sri Nand Kishore and recovered three axes at the instance of accused persons. Investigation Officer also prepared memo Exhibit Ka-11 of recovery relating to axe. On 22.7.2000, Investigating Officer Sri Surendra Singh arrested accused Halke @ Gulab. On the pointing of accused Halke @ Gulab, Sub Inspector Shri Surendra Singh recovered axe from the bushes of Sadabahar. Blood stained earth, axes and clothes of the deceased, which were found on dead body at the time of Post Mortem were sent for chemical examination to Vidhi Vigyan Prayogshala, Agra, U.P. report of which is on record Exhibit Ka-16. Sri Surendra Singh investigator inspected the place of recovery of axes from all four accused in two sets and prepared two site plans which are Exhibit Ka-10 & 14. 5. After recording of the Statements of the complainant and witnesses and on completion of the investigation, Sub Inspector Shri Surendra Singh submitted Charge sheet in the Court against the accused-appellants under Section 302 read with Section 34 I.P.C. 6. Learned Trial Court framed charges against the accused persons under Section 302 read with Section 34 I.P.C. on 08.01.2001. Accused persons namely Sri Santosh, Sri Ram Saran and Sri Halke @ Gulab Chatra denied the charge and claimed to be tried. Accused Sri Nand Kishore was not charged because he was Juvenile at the time of commission of crime and his case was separated. 7. To substantiate the charge against the accused persons, prosecution examined six witnesses and one Court witness CW-1. PW1-Sri Thakur Das who is a complainant as well as eye witness. PW-2 Sri Dau, brother of the deceased eye witness and son of complainant, PW-3 Sri Veer Singh @ Biru eye witnesses, PW-4 Shri Ranjeet Singh first Investigating Officer/Sub Inspector, PW-5 Dr. Ashok Kumar Singh, PW-6 Sri Surendra Singh, Sub Inspector/Second Investigator. PW1-Sri Thakur Das who is a complainant as well as eye witness. PW-2 Sri Dau, brother of the deceased eye witness and son of complainant, PW-3 Sri Veer Singh @ Biru eye witnesses, PW-4 Shri Ranjeet Singh first Investigating Officer/Sub Inspector, PW-5 Dr. Ashok Kumar Singh, PW-6 Sri Surendra Singh, Sub Inspector/Second Investigator. Learned Trial Court examined Shri Nathu Ram, Scribe of report of the complainant Sri Thakur Das as Court Witness No. 1. 8. We have heard at length Shri Sukhaveer Singh, learned counsel for the appellants and Shri Rajiv Sharma, learned A.G.A. for State. 9. PW-1 Shri Thakur Das is a complainant as well as eye witness. Shri Thakur Das stated on oath that on the fateful day, he was coming from jungle (fields) along with his son deceased Ram Swaroop carrying fire woods. When they reached near the house of Sri Nandua Kachhi on the road, accused persons Sri Ram Saran, Sri Halke @ Gulab Chand, Sri Santosh with Juvenile Sri Nand Kishore intercepted father and son duo. All accused were armed with axe. Accused Sri Ram Saran exhorted kill father and son duo. All accused persons assaulted Sri Ram Swaroop with the axe. Hearing the hue and cry of father and son, the witnesses PW2 Daoo, PW3 Veer Singh @ Biru and Sri Shekar came on the spot and witnessed the assault committed by accused persons. Accused Persons also chopped off the head from the body of Shri Ram Swaroop. 10. This witness further stated that after committing the crime, accused persons ran away from the place of occurrence. Complainant went to Police Station for lodging F.I.R. He dictated F.I.R. to one Sri Nathu Ram, which was registered as Case Crime No. 155 of 2000 at P.S. Ajnar, District Mahoba. 11. This witness was cross examined by the accused-appellants at length but nothing could be extracted in favour of the accused appellants. 12. PW-2 Sri Daoo stated on oath that on the day and time of incident, he was sitting in his house with Shri Veer Singh @ Biru and Sri Shekhar. On hearing the hue and cry of his father and brother, he came on the spot and witnessed the incident of crime committed by the accused appellants. 12. PW-2 Sri Daoo stated on oath that on the day and time of incident, he was sitting in his house with Shri Veer Singh @ Biru and Sri Shekhar. On hearing the hue and cry of his father and brother, he came on the spot and witnessed the incident of crime committed by the accused appellants. It is also stated that accused Sri Ram Saran, Sri Halke @ Gulab Chand and Sri Santosh with juvenile Sri Nand Kishore were assaulting his elder brother Shri Ram Swaroop with axe. Accused persons chopped off the head of Sri Ram Swaroop from the trunk in his sight and ran away from the place of occurrence. Sri Ram Swaroop died on the spot due to the injuries inflicted by the accused persons. 13. PW-1 and PW-2 also stated that there was enmity between the families of accused appellants and complainant. Altercation took place between the deceased Sri Ram Swaroop and the son of accused Sri Ram Saran namely Sri Rajesh, resulting in criminal case. 14. PW-3 Sri Veer Singh @ Biru is also an eye witness who supported the prosecution version and stated on oath that on the day and time of the incident, he was sitting with PW2 Sri Daoo along with Sri Shekhar in the house of complainant, which is situated near the place of occurrence. When he heard the duo's hue and cry, he rushed towards the place of occurrence with PW2 Daoo and Sri Shekhar, where he saw that accused persons namely Sri Ram Saran, Sri Halke @ Gulab and Sri Santosh with Juvenile Sri Nand Kishore Joshi were assaulting deceased Ram Swaroop son of PW1 Thakur Das with axes. It is also stated by this witness that accused persons chopped off the head from the trunk of Sri Ram Swaroop, who died due to these grievous injuries on the spot. 15. These two witnesses were also cross examined by the appellants at length but nothing could be extracted in favour of the appellants. 16. PW4 Sri Ranjeet Singh, an investigator who first investigated this case stated that on 18.07.2000, the crime no. 155 of 2000, under Section 302 I.P.C. versus Halke and others was registered at Police Station in his presence and he took up the investigation. 16. PW4 Sri Ranjeet Singh, an investigator who first investigated this case stated that on 18.07.2000, the crime no. 155 of 2000, under Section 302 I.P.C. versus Halke and others was registered at Police Station in his presence and he took up the investigation. He visited the place of occurrence and prepared the inquest report of the dead body of deceased Shri Ram Swaroop at about 16:30 p.m. He also prepared the documents for the autopsy of dead body and sent it to the District Head Quarter, through Constable Shri Dharmsingh and Constable Shri Satish Chand. This witness proved the inquest report Exhibit Ka-4, challan nash Exhibit Ka-5, Photonash of dead body Exhibit Ka-6, letter to R.I. Exhibit Ka-7 and letter to C.M.O. Exhibit Ka-8. 17. PW4 Shri Ranjeet Singh also proved the recovery memo of blood stained and simple earth taken from the place of incident which was saved in 2 containers Exhibit Ka-9. Later on he recorded the statement of complainant PW1 Thakur Das and inspected the place of occurrence and prepared the site plan in his hand writing which is Exhibit Ka-10 on record. He further stated on oath that he recorded the statement u/s 161 Cr.P.C. of the witnesses PW2 Dau, PW3 Biru @ Veer Singh, Sri Shekhar and witnesses of inquest report and recovery memo of blood stained and simple earth. 18. PW4 further stated on oath that on 20.07.2000 he arrested accused-persons namely, Sri Ram Saran, Sri Santosh and Sri Nand Kishore and recovered three axes one each at the pointing of each accused-persons from the bushes of Sadabahar (Beshram). Axes allegedly used in the commission of crime, were sealed and recovery memo was prepared which was signed by public witnesses Sri Shivnayak and Pancham. This witness proved the memo of recovery of axes Exhibit Ka-11 and three axes material Exhibit Nos. 2, 3, 4 and two boxes containing of earth, material Exhibit 5 and 6. 19. This witness was cross-examined by accused-persons at the length but nothing could be extracted in favour of accused-persons. 20. PW5 Dr. Ashok Kumar Singh performed the postmortem of the dead body of Shri Ram Swaroop and stated on oath that on 19.07.2000 at about 3:30 p.m. performed the autopsy of dead body of Shri Ram Swaroop. Following antimortem injuries were found on the dead body of deceased Shri Ram Swaroop:- "1. 20. PW5 Dr. Ashok Kumar Singh performed the postmortem of the dead body of Shri Ram Swaroop and stated on oath that on 19.07.2000 at about 3:30 p.m. performed the autopsy of dead body of Shri Ram Swaroop. Following antimortem injuries were found on the dead body of deceased Shri Ram Swaroop:- "1. A wound of size 8cm x 4.5cm x bone deep with clean cut edge and short edge cut on 5, 6, 7 and 8th of upper jaw on left side and left mandible is cut of posterior to 7th teeth is whole cut its anterior end is 2.5cm below left angle of mouth and posterior end is 3cm from lower end of left ear. 2. An abrasion of size 5.5cm x 2.5cm present on right temporal region with anterior end 3cm from lateral canthus of right eye and posterior end is 3.5cm from upper end of right ear. 3. A wound with clean cut edges of size 2cm x 3.5cm x bone deep with medial end 3.5cm from chin and lateral end is 11cm from lower end of left ear. 4. Base of skull is with wound of size 12.5cm x 15.5cm respectively annterio -posteriorly and laterally with clean cut edges and with upper two cervical vertebrae. 5. Trunk is with wound with clean cut edge on upper end of size 15cm anterior - posteriorly and 14cm laterally. Trachea is cut above the hyoidbone. 6. A ''V' shaped clean cut wound of size 11cm x 4cm with tip (upper) of ''V' are with 5.5cm on right shoulder and bone is cut near corocoacromial joint just medial to it and right corocoacromial joint is 3.5cm from lower end of ''V'. 7. A wound of size 17cm x 6cm with clean cut edges with distal and 4cm from medial aspect of interphalangeal joint and proximal end is 20cm from tip of olecranon process with little finger and some tissue is lying separately attached to proximal end of wound. 8. An incised wound of size 18cm x 6cm with lateral end on right side 8cm from highest point of right iliac crest and left end is 7.7cm from upper end of left sacroiliac joint." 21. It also stated on oath that the trachea was cut from the upper end of Hyoid bone, liver, pancreas, spleen, kidneys were congested, whereas serodum was swellen. 22. It also stated on oath that the trachea was cut from the upper end of Hyoid bone, liver, pancreas, spleen, kidneys were congested, whereas serodum was swellen. 22. It is further stated on oath by this witness that the age of the accused was about 22 years. Rigor mortis was present in fingers of both hand and lower extremity. Blisters were seen at places. Maggots seen on wound of neck. Death was caused due to separation of head and neck from the trunk. The witness also proved the post mortem report Exhibit No. Ka-12. 23. In cross-examination witness stated that the blister occurred after 36 to 48 hours of the death. Since there was rigor mortis on the upper extremity which often may remain for 24 hours. The one liter liquid was found in the stomach of the deceased. One may say that the deceased might have taken meal about 2 or 3 hours prior death. Doctor also stated on oath that incised wound and clean cut wound are rather synonymous, whereas punctured wound is different and the edges of punctured wound might be clean cut. Witness stated that injury no. 6 was of ''V' shape which cannot be caused by axe but if the injury is caused on the joint where the movement of joint is inevitable than the injury can be of ''V' shape. 24. PW6 Shri Surendra Singh, Sub-Inspector is a second investigator of this case. This witness has stated that on 22.07.2000 at about 18:30 O'clock, he arrested co-accused Sri Halke @ Gulab from canal "palari" near Dak Banglow and on the pointing of Sri Halke @ Gulab, recovered one blood stained axe from the bushes. The memo of recovery was prepared which is Exhibit Ka-13. On 23.07.2000, the statements of witnesses Sri Shiv Nayak, Pancham, Nathu Ram, Constable Dharmsingh, Constable Satish Chandra, Constable clerk Daya Shankar were recorded and the place of recovery of axe was inspected and site plan Exhibit Ka-14 was prepared. 25. PW6 further stated on oath that after the completion of the entire investigation he sent the related articles Vidhi Vigyan Prayogshala, Agra. 26. This witness was cross-examined by appellant/accused-persons at length but nothing could be extracted in favour of the accused-persons. In cross-examination, witness stated that an axe was recovered in the fields at the instance accused Halke @ Gulab. 27. 26. This witness was cross-examined by appellant/accused-persons at length but nothing could be extracted in favour of the accused-persons. In cross-examination, witness stated that an axe was recovered in the fields at the instance accused Halke @ Gulab. 27. Learned Additional Sessions Judge examined Sri Nathur Ram scribe of F.I.R. Exhibit Ka-1 as Court witness No. 1. This witness stated on oath that PW1 Thakur Das dictated F.I.R. Exhibit Ka-1 to him. 28. Accused-persons, in this statements under Section 313 Cr.P.C. denied the allegations and claimed false implication due to enmity. 29. Learned counsel for the accused/appellants has submitted that the F.I.R. was not registered at the time as shown in the F.I.R. but registered much later. It is also submitted that victim Sri Ram Swaroop was murdered in the dark of night by unknown assailants, and the witnesses had not seen the occurrence and their depositions are not reliable. It is also submitted that as per evidence of PW5 Dr. Sri Ashok Kumar Singh, the blisters were found on the body of the deceased. Thus it is apparent, that the deceased was murdered about 10 to 20 days prior the date of alleged occurrence. It is also submitted that as per the statement of PW1 Sri Thakur Das, himself and victim Sri Ram Swaroop were empty stomach but one litre pasty material was found in the stomach of deceased Sri Ram Swaroop. In this way it is indisputable that witness PW1 Sri Thakur Das is not worth reliable. It is also submitted that the dead body of Sri Ram Swaroop was taken away to Police Station at 3 - 4 p.m. as per statement of PW3 Sri Biru @ Veer Singh, whereas PW1 Thakur Das stated on oath that the dead body of Sri Ram Swaroop was lying on the spot till the evening after the rain was over. 30. Sri Rajiv Sharma, learned A.G.A. vehemently countered the submissions and arguments of the learned counsel for the appellants and submitted that motive of the crime has been referred in the F.I.R. by the complainant and the name of witnesses also mentioned in the F.I.R. out of which two witnesses namely, PW2 Daoo and PW3 Biru @ Veer Singh have been examined by the prosecution. There is not even a single suggestion by the accused-persons to the prosecution witnesses that the victim was murdered in the dark-night much before time shown in the F.I.R. it is also submitted that blisters may occur after 12 to 24 hours over a dead body due to the warmth, humidity and local weather. 31. We have considered the submissions of learned counsel for rival parties and gone through the entire record. It is indisputably proved by the prosecution that on 18.07.2000 in the public street near the house of Sri Nandua Kachhi, P.S. & Village Ajnar, District Mahoba, Homicidal death of the Victim Sri Ram Swaroop occurred, which was witnesses by the PW1/complainant Thakur Das, PW2 Sri Daoo and PW3 Sri Veer Singh @ Biru. 32. Learned counsel for the appellants has submitted that deceased Ram Swaroop was murdered in the dark night by unknown person and the appellants were implicated in this crime due to previous enmity. From perusal of the evidence of PW1/complainant Sri Thakur Das, PW2 Sri Daoo and PW3 Sri Veer Singh @ Biru, it is quite clear that there was enmity between both the parties. Accused-persons in their statement under Section 313 Cr.P.C. also admitted that they have been prosecuted due to enmity. Thus enmity between rival parties stands established. Enmity is double edged sword which acts both ways. While on one hand it provides motive to commit crime, on the other hand it also gives reason for false implication. In the present case direct, trustworthy evidence of murder is available, therefore, question of motive loses its importance to that extent. 33. It is also submitted by learned counsel for the appellants that the evidence of the PW1, 2 and 3 show that the F.I.R. was lodged after the considerable delay, because three witnesses of fact have admitted that the dead body was taken away to the Police Station after the rain was over. Evidence of these witnesses shows that rain lasted till evening at about 6:00 p.m. that's why, it is definitive that the F.I.R. was not lodged or registered at the time mentioned in the check F.I.R. 34. W have examined check F.I.R. Exhibit Ka-2 and the statements of PW1, 2, 3 and CW1 Sri Nathuram. Evidence of these witnesses shows that rain lasted till evening at about 6:00 p.m. that's why, it is definitive that the F.I.R. was not lodged or registered at the time mentioned in the check F.I.R. 34. W have examined check F.I.R. Exhibit Ka-2 and the statements of PW1, 2, 3 and CW1 Sri Nathuram. All these four witnesses have stated that after escape of the accused-persons from the place of crime, PW1 Thakur Das went to lodge F.I.R. On his way to Police Station he met CW1 Sri Nathuram, from whom he got report Exhibit Ka-1 scribed and presented it at the Police Station Ajnar. PW1 Thakur Das has admitted in his deposition that there was heavy rainfall on that very day and he proceeded for Police Station after rain was over. PW3 Sri Veer Singh @ Biru stated on oath that on that fateful day there was heavy rainfall for about 05:30 or 06:00 p.m. and the dead body of Sri Ram Swaroop was taken away by the police at about 03:30 to 04:00 p.m. The dead body was taken away before the rain. CW1 Sri Nathuram stated on oath that on that very fateful date there was heavy rainfall, complainant Thakur Das came to him for lodging F.I.R. Exhibit Ka-1 after rain was over. If we do critical analysis of the statements of PW1, PW3 and CW1 then it becomes crystal clear that rain started after the dead body of Sri Ram Swaroop was taken away to the Police Station. PW1 Thakur Das in his statement conceded that he had gone to lodge F.I.R. at 1:00 or 1:30 p.m. We cannot determine start and end of the rainfall occurred merely on the basis of memory of one witness, specially in the light of the fact that this witness had no reason to remember the precise time of rainfall. It is pertinent to point out that testimony of Thakur Das was recorded after considerable time, therefore, to decide the timing of the F.I.R. merely on the basis of time of rainfall reflected by one witness only would not be appropriate. Other evidence avilable on the record indicate that F.I.R. was not ante-timed. 35. It is also submitted by learned counsel for the appellants that PW2 Sri Daoo and PW3 Sri Veer Singh @ Biru did not witness the incident. Other evidence avilable on the record indicate that F.I.R. was not ante-timed. 35. It is also submitted by learned counsel for the appellants that PW2 Sri Daoo and PW3 Sri Veer Singh @ Biru did not witness the incident. After perusal of the evidence of these two witnesses, we are not inclined to accept the submissions of learned counsel because these two witnesses corroborated the evidence of each others and that of PW1 Sri Thakur Das. Their testimony that they came out from the residence of Sri Thakur Das on hearing commotion and ran towards the source of noise with Sri Shekhar Singh and witnessed murder of deceased Sri Ram Swaroop. They have given details of incident including severance of head of deceased. It is argued that these witnesses did not raise any alarm during alleged occurrence. This argument has no force, we are of the considered view that these witnesses were naturally shocked after witnessing gruesome murder of deceased Sri Ram Swaroop. 36. Learned counsel for the appellants has submitted that PW5 Dr. Sri Ashok Kumar Singh stated that there were maggots in the dead body of deceased Ram Swaroop. Maggots usually appear after 10 to 20 days of the murder. That's why it is quite clear that deceased was murdered much prior from the date and time stated by the prosecution. 37. This argument of learned counsel for the appellants has no relevance. Hon'ble The Apex Court in case of Daryao Singh Vs. State of Madhya Pradesh, 1991 Law Suit (SC) 94 has enunciated that maggots can appear within 18 to 24 hours after the death. It depends on the climatic condition of the region. Apex Court held thus:- "[9] It is common knowledge that after death the body starts to cool down to the surrounding temperature. The cooling of the body is the earliest phenomenon which is followed by post-mortem lividity resulting from discontinuance of blood circulation and collection of blood in certain parts under gravitational action, depending on the position of the dead body. the stoppage of blood circulation and the inaction of the natural defensive mechanism result in the bacteria present in the body as well as those that enter from outside getting scattered in everypart of the body setting in the process of putrefaction, unless special-care is taken to prevent the same. the stoppage of blood circulation and the inaction of the natural defensive mechanism result in the bacteria present in the body as well as those that enter from outside getting scattered in everypart of the body setting in the process of putrefaction, unless special-care is taken to prevent the same. Decomposition in thus essentially the process of putrefaction which is dependent on environmental climatic conditions. In the present case death had occurred on 25th September and the dead body lay in the police station with the wounds exposed till it was brought to the hospital at 5.20 p.m. on the next day. The body remained in the same condition in the hospital till 7.00 a.m. on the next day when the post-mortem examination was undertaken. The bdy thus remained fully exposed to the heat and humidity of the month of September for over thirty hours and hence it is not surprising that the rigor mortis had passed off. Ordinarily after rigor mortis has passed off, the process of putrefaction sets in but it may set in even earlier during summer depending on the heat and humidity. Body changing colour and emitting foul smell, are the two special characteristics of the decomposition process. The first external evidence of putrefaction is the formation of greenish discoloration of the abdominal skin over the iliac fossae which occurs within six to twelve hours in summer and spreads all over the body within twelve to eighteen hours of death. As time passes they deepen in colour and become purple. With the spread of bacteria, there is gradual development of gases in the intestines within twelve to eighteen hours and liquefaction also takes place and soon spreads to other parts of the body. Putrefaction thus results in general disintegration of the tissues due to residual enzymatic activity in the cells causing widespread formation of gases emitting foul smell and if the body is exposed, as in the present case, files lay eggs on exposed wounds forming maggots. The body gets bloated and liquified, the skin looses coherence, the superficial layers peel off easily and blisters are formed. it is, therefore, not surprising that owning to the formation of gases the penis and the scrotum were swollen and there was the presence of maggots. [10] Before we answer the contention it is essential to notice a few facts. The body gets bloated and liquified, the skin looses coherence, the superficial layers peel off easily and blisters are formed. it is, therefore, not surprising that owning to the formation of gases the penis and the scrotum were swollen and there was the presence of maggots. [10] Before we answer the contention it is essential to notice a few facts. The evidence of PWs 1,3 and 4 is that the incident occurred in the field of the deceased. This fact is corroborated of PW--5 Motilal and PW 6--Parbatsingh. The find of blood on the grass blades and on the earth attached under the seizure memo Exh. p-8 confirms their testimony. The evidence of these witnesses further shows that the injured was taken in a cart to the village and from there to the Bhakheda police station. this is further established by PW 10 who has deposed that the victim was brought in a cart to the village. the circle Inspector PW 12 also deposes that the corpse was brought to the police station and from there it was sent to the hospital for post-mortem examination which was undertaken on 27th September, 1970 at 7.00 a.m. This evidence establishes the chain of events showing the movement of the dead body and rules out of the theory that death had taken-place many days before 25th September, 1970, a theory not put to the witnesses in cross-examination. The direct testimony, therefore, does not support the theory urged on behalf of the appellant. [11] Counsel for the appellant, however, emphasised that the statement of PW 2 in cross-examination clearly established the existence of blisters, an objective fact, which clearly supports the defense theory that death had taken place 14 to 20 days prior to the date on which the post-mortem examination was held and thereby disprove the prosecution version that the victim of assault died on the evening of 25th September, 1970. It is interesting to note that table on which the learned counsel for the appellant relies is omitted from the 19th and 20th edition of the book. It is interesting to note that table on which the learned counsel for the appellant relies is omitted from the 19th and 20th edition of the book. But that apart at pages 128-129 of the book (Twentieth Edition) it is stated as under: "From twelve to eighteen hours after death in summer the green coloration spreads over the entire abdomen and the external genitals...............Side by side with the appearance of the greenish patch on the abodomen the body begins to emit a nauseating and unpleasant smell owing to gradual develoment of the gases of decomposition, some of which are sulphuretted hydrogen, marsh gas, carbon dioxide, ammonia and phosphoretted hydrogen. From twelve to eighteen hours after death in summer these gases collect in the intestine, consequently abdomen swells up. The sphincters relax, and the urine and faeces may escape. From eighteen to thirty-six or forty-eight hours after death the gases collect in the tissues, cavities and hollow viscera under considerable pressure with the result that the features become bloated and distored, the eyes are forcedout of their sockets, the tongue is protruded between the teeth, and the lips become swollen and everted. A frothy, reddish fluid or mucus is forced from the mouth and nostrils. Ultimately the features become obilterated and unrecognizable. The abdomen becomes greatly distended; hence on opening the cavity the gas escapes with a loud explosive noise. Owing to the pressure of the gases the stomach contents are forced into the mouth the larynx and are seen running out of the mouth and nostrils. The breast of female bodies are greatly distended. The penis and scrotum become enormously swollen. The cellular tissues are inflated throughout, so that the shole body appears stouter and older than it actually is. These gases from blisters under the skin containing a reddish coloured fluid on the various parts of the body. When these bursts, the cuticle being softened peels of easily. These are characterised by absence of vital reaction. It will thus be seen that blisters appear after the process of decomposition sets in whith in eighteen to forty-eight hours. It shows that the existence of blisters does not mean that death had taken place 14 to 20 days ago. That is why PW 2 is cautious to use the pharseology 'the duration of the injury since death could be 14 to 20 days also'. It shows that the existence of blisters does not mean that death had taken place 14 to 20 days ago. That is why PW 2 is cautious to use the pharseology 'the duration of the injury since death could be 14 to 20 days also'. Having regard to the nature of the direct testimony to which we have adverted earlier and the passage reproduced above, we find it difficult to accept the belated submissions of the learned counsel for the appellant that the opinion of the medical expert PW 2 destroys the version of the prosecution witnesses, particularly PWs 1, 3, 4 and 10, that the deceased suffered a fatal wound on the evening of 25th September, 1970 to which he succumbed on that very day. We, therefore, reject this submission. 38. In the light of above, it is clear that Sri Ram Swaroop was murdered at about 1 or 1:30 p.m. and the body was taken away to Police Station and was exposed to the local weather, heat and humidity. Later on the body was sent to the District Head Quarter, Mahoba which is about 43 k.m. away from Police Station Ajnar, District Mahoba. Subsequently postmortem was performed on 19.07.2000 at 3:30 p.m. under these circumstances, the body was exposed to the local weather, heat and humidity for more then 24 hours. That explains the presence of maggots on the corpse. 39. It is submitted by learned counsel for the appellants that the complainant/PW1 Sri Thakur Das has admitted in his cross-examination that when he himself and deceased Ram Swaroop left their house for fetching the fire woods, they had taken no meal, but postmortem report and the evidence of Dr. Ashok Kumar Singh, PW5 reveals that on litre pasty material was found in the stomach of deceased Ram Swaroop. According to learned counsel evidence of PW1 is not worthy of reliance. 40. The postmortem report and the evidence of PW5 Dr. Ashok Kumar Singh reveals that one litre pasty material was found in the stomach of deceased Shri Ram Swaroop at the time of postmortem. Doctor also stated that he was of definite opinion that deceased had taken meals 2 to 3 hours prior of his death. 40. The postmortem report and the evidence of PW5 Dr. Ashok Kumar Singh reveals that one litre pasty material was found in the stomach of deceased Shri Ram Swaroop at the time of postmortem. Doctor also stated that he was of definite opinion that deceased had taken meals 2 to 3 hours prior of his death. Deceased Ram Swaroop was the grown up man at the time of his murder which took place at about 1:30 p.m. It was natural for him to eat something before leaving home. PW1 Thakur Das can only testify about himself and not about deceased. His testimony in this regard merely means that deceased did not take food in the presence or knowledge of his father. Till the intake and time of food by deceased is conclusively established, evidence of doctor would not adversely Affect the prosecution case. 41. Learned counsel for the appellants has vehemently argued that PW1 complainant Sri Thakur Das admitted in his cross-examination that the incident took place at about 10 or 10:30 a.m. whereas in F.I.R. and examination-in-chief, he has stated that incident took place at about 1 or 1:30 p.m. Thus the time of incident is not certain. In the light of the submission made by learned counsel for the appellants, we have gone through the entire documentary evidence as well as oral testimony of Sri Thakur Das complainant and we do not find any substance in the submissions of learned counsel for the appellants. It is true that complainant/PW1 in his cross-examination did say that that the incident took place at about 10 or 10:30 a.m. but still entire testimony of complainant cannot be termed as unreliable. PW1 Thakur Das later on, corrected himself in the same evidence. He explained that he committed mistake due to depression. We also believe that this minor discrepancy would not erode credibility of his testimony. Other oral and documentary evidence support the prosecution completely on their score. We believe that the testimonies of PW1 Sri Thakur Das, PW2 Sri Daoo and Sri Veer Singh @ Biru are wholly reliable. 42. No other argument advanced by the learned Advocates for the parties. 43. In view of the above discussions, we are of the view that the murder of Sri Ram Swaroop was committed by these accused/appellants. There is no merit in the appeal, hence, the appeal is liable to be dismissed. 44. 42. No other argument advanced by the learned Advocates for the parties. 43. In view of the above discussions, we are of the view that the murder of Sri Ram Swaroop was committed by these accused/appellants. There is no merit in the appeal, hence, the appeal is liable to be dismissed. 44. Appeal is Dismissed. The order and judgment of learned Additional Sessions Judge-II, Mahoba, dated 27.06.2002 delivered in S.T. No. 141 of 2000, under Section 302 read with Section 34 Indian Penal Code is hereby upheld. The appellants will surrender in the trial court, if they are on bail. 45. Office is directed to communicate this judgment within 15 days to the Court concerned. Trial Court, thereafter shall report compliance within one month.