Research › Search › Judgment

J&K High Court · body

2018 DIGILAW 565 (JK)

Yashpal v. State of J&K

2018-07-26

ALOK ARADHE, M.K.HANJURA

body2018
JUDGMENT : M.K. HANJURA, J. 1. The facts that stem out from the instant case of patricide where the accused Yashpaul is alleged to have murdered his father named Moti Ram in the evening of 15.01.2004 at about 8.15 PM are that on reaching his home situated at Uchhapind, Tehsil Billawar, the brother of the accused named Pritam Chand found his father missing from the house. On enquiry his mother Mst. Shano Devi, told him that Yashpaul that is the accused forced his father to accompany him. He, (the father) expressed his reluctance to accompany him. Pritam Chand proceeded towards the house of Yashpaul in order to locate the whereabouts of his father. After covering some distance, he heard Yashpaul, the accused stating in a loud voice that in case any person came in front of him, he will kill him. He went towards the spot where he saw the accused Yashpaul dragging his father Moti Ram. The accused inflicted injuries on the head of his father with a stone. He raised an alarm which attracted Bishan Dass S/o Jalo Ram, Parkash S/o Jalo Ram and Faqar Ali S/o Khan Mir towards the spot. They saw Yashpaul, holding a stone in his hand and stating that in case anybody tried to intervene, he will be killed. They tried to apprehend him but he fled away from the spot. He tied the neck of his father with the string of his underwear and dragged him. Pritam Chand brought his father to his home. He was unconscious. He succumbed to the injuries on 16.01.2004. It is also stated that the accused is a vagabond and does not do any work. He (the accused) demanded his share in the land held by his father. The deceased was not willing to partition the property. He had the apprehension that the accused will sell it. It is also stated that the relationship of the accused and his father was not cordial. On 16.01.2004, the complainant, Pritam Chand, who is the son of the deceased accompanied by Gian Chand went to the police post where they lodged an oral report before the police authorities in which they spelt out the details enumerated above. It is also stated that the relationship of the accused and his father was not cordial. On 16.01.2004, the complainant, Pritam Chand, who is the son of the deceased accompanied by Gian Chand went to the police post where they lodged an oral report before the police authorities in which they spelt out the details enumerated above. On this information, a case under Section 302 was registered and the investigation of the case commenced, which culminated in the presentation of a charge sheet against the accused before the court of the learned Judicial Magistrate First Class, Billawar, who eventually committed the case for trial to the Court of the learned Principal Sessions Judge, Kathua. The Ld. Sessions Judge charged the accused with the commission of an offence under Section 302 RPC by an order dated 07.07.2004. The accused pleaded not guilty. He claimed to be tried and, accordingly, prosecution was asked to produce evidence in support of the charge. Prosecution examined as many as ten witnesses namely Puran Chand PW-1, Om Parkash Pw-2, Bishan Dass PW-3, Dr. Vinay Khajuria PW-4, Om Parkash S/o Jalo Ram PW-5, Gian Chand PW-6, Faqar Ali PW-7, Biru Ram PW-8, Shano Devi PW-9 and Pritam Chand PW-10, to bring the guilt of the accused home to him. 2. The prosecution evidence was closed by an order dated 24.12.2009 of the trial court and the case was posted for recording the statement of the accused as envisaged under section 342 Cr. PC. The said statement of the accused was recorded on 20.01.2010. The accused in this statement denied the occurrence and the case was posted for advancing arguments in terms of Section 273 Cr. PC. The trial Court directed that it was not a case of no evidence and asked the accused to produce his evidence in defence. The accused did not produce any evidence in his defence and accordingly, the case was posted for advance arguments. On the culmination of the trial, the accused was convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5000/-. In default of the payment of fine, the accused was directed to undergo imprisonment for a period of six months. 3. On the culmination of the trial, the accused was convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5000/-. In default of the payment of fine, the accused was directed to undergo imprisonment for a period of six months. 3. The accused has assailed the judgment of conviction and sentence in this appeal filed before this court on the grounds, inter alia, that the judgment under appeal is against the facts, the law and the canons of justice. The trial court has not applied its mind to the facts and circumstances of the case. The trial court while recording the conviction, has failed to appreciate the evidence in the proper perspective. The witnesses of the prosecution have not proved that the accused had any role to play in the commission of the crime imputed to him. The judgment has been passed on surmises and conjectures. It is a case of no evidence and the trial court has failed to appreciate the law and the facts. In the end, it has been stated that the judgment impugned in the appeal is not sustainable in the eyes of law and, therefore, the same is liable to be set aside. 4. We have heard the arguments advanced at the bar and the material on record has also been perused by us. 5. The Ld. PP has argued that the prosecution has discharged the burden to prove its case beyond any shadow of doubt and it is the accused only who killed the deceased as a result of which he gave up the ghost. Per contra the Ld. Counsel for the accused has argued that the witnesses examined by the prosecution have contradicted themselves in material particulars. This has rendered the prosecution case a pack of lies. He has further argued that the there are discrepancies in the statements of the witnesses and that there was no reason for the accused, who is the son of the deceased, to kill him. 6. At the outset it will be of essence to evaluate the relevant excerpts of the judgment of the trial court that have a bearing on this case and these are reproduced herein below verbatim et literatim : 7. 6. At the outset it will be of essence to evaluate the relevant excerpts of the judgment of the trial court that have a bearing on this case and these are reproduced herein below verbatim et literatim : 7. “From the statements of these eye witnesses, it stands proved that the deceased was murdered by none else but the accused who forcibly took him from his house towards “ Bowli” side and inflicted injuries on his head with a stone and also dragged him by tying the rope of his underwear in his neck. There is no ground to doubt the testimony of these witnesses because their presence on the spot is not doubtful. They have given a vivid description of the events leading to the murder of the deceased The learned defence counsel has assailed the testimony of these witnesses on the grounds that there are material contradictions in their statements and they have not corroborated each other. According to him, the material contradictions are such as : Faqar Ali PW-7 has simply deposed that the accused was dragging the deceased with a rope ; whereas he has no where stated that the accused also inflicted injuries on the deceased with a stone ; Shano Devi PW-9 has deposed that the was beating the deceased with a stone but she is silent about the dragging of the deceased; she has further deposed that she and her son Pritam Chand went on the spot whereas, Pritam Chand PW-10 has stated that he came afterwards. In my considered opinion, these contradictions are trivial in nature and are insignificant. The witnesses have deposed whatever was seen by them at the place of occurrence because all of them did not reach on the spot together. The accused was found dragging the deceased when Faqar Ali PW-7 reached the spot and when Shano Devi PW-9 went there she found him beating the deceased with a stone. Pritam Chand PW-10 was the first who reached the spot and he saw the accused dragging his father and when he asked him as to what he was doing, he picked up a stone and hit the deceased on his head as a result of which the bone was fractured. Pritam Chand PW-10 was the first who reached the spot and he saw the accused dragging his father and when he asked him as to what he was doing, he picked up a stone and hit the deceased on his head as a result of which the bone was fractured. The prosecution story cannot be thrown out on such minor contradictions which are bound to occur in the statements of the witnesses recorded in the court after an interval of long period. Moreover, there is no ground as to why they should implicate the accused in a false case who happens to be the son of Shano Devi PW-9 and real brother of Pritam Chand PW-10. 8. The ocular evidence adduced by the prosecution has been fully corroborated by the medical evidence. Dr. Vinay Khajuria is one of the Members of the Medical Board which has conducted post mortem on the dead body of the deceased Moti Ram. He found red bluish coloured bruise on left cheek, lacerated wound less than one inch skin deep on the scalp parallel to the saggital suture, abrasion circular 3 cm in diameter bluish red in colour on the left knee, abrasion circular 2 ½ cm in diameter bluish red in colour on the right knee and inferior surface on the tongue bruised. Doctor has further deposed that on dissection of neck, laryngeal cartilages were found fractured and there was fracture of hyoid bone also. He has opined that the death occurred due to asphyxia from throttling leading to cardio respiratory arrest. 9. The learned defence counsel has tried to gain something from the statement of doctor by arguing that since the accused did not throttle the deceased to death, the prosecution story cannot be believed. The argument of the learned counsel is misconceived because throttling does not mean that the neck of the deceased should be pressed with hands only. Dr. Vinay Khajuria has explained throttling by stating that it is a manual strangulation where manual force is applied by hands on the neck leading to compression of the respiratory track, thus blocking the passage causing failure of respiration which leads to death. In this case, it has been proved that the accused tied a rope of underwear of the deceased in his neck and dragged him as a result of which his abdomen was swollen and he became unconscious. In this case, it has been proved that the accused tied a rope of underwear of the deceased in his neck and dragged him as a result of which his abdomen was swollen and he became unconscious. The tying of a rope in the neck and dragging the deceased is also manual throttling because it had caused compression of respiratory track which resulted in swelling of the abdomen and fracture of laryngeal cartilages and hyoid bone. The doctor has further opined that though there was no mark of ligature or pressure mark noticed on the neck of the deceased but on dissection, laryngeal cartilages and hyoid bone had been found fractured and that is why the Board opined that it was a case of throttling due to asphyxia leading to cardilo respiratory arrest. The doctor also found injuries on the head, knee and cheeks of the deceased. The medical evidence has thus corroborated the ocular version of the occurrence given by the eye witnesses. The injuries found on the body of the deceased were of such a nature that they could have been caused by stone and by dragging on hard surface and in the opinion of the doctor, they were sufficient in the ordinary course of nature to cause death of the deceased. 10. Not only this, the prosecution case also stands corroborated by the circumstantial evidence which has been adduced in this case. Bishan Dass PW-3 is stated to be eye witness of the alleged occurrence but he has not supported the prosecution story and has been declared as a hostile witness by the prosecution. But it does not mean that his whole statement is not trustworthy. He has categorically stated that Shano Devi PW-9 and Pritam Chand PW- 10 raised an alarm and he went to their house along with Om Parkash. They saw that the deceased was there and he had sustained injuries on his head. Shano Devi PW-9 and Pritam Chand PW-10 told him that the accused killed the deceased Moti Ram. They also enquired from the accused who told them that he has not murdered his father and it was their internal matter and nobody should interfere. This witness has proved the fact that he saw the deceased in an injured condition and further proved the conduct of the accused immediately after the occurrence. 11. They also enquired from the accused who told them that he has not murdered his father and it was their internal matter and nobody should interfere. This witness has proved the fact that he saw the deceased in an injured condition and further proved the conduct of the accused immediately after the occurrence. 11. Om Parkash PW-5 is another witness who has corroborated the statement of Bishan Dass PW-3. He has further stated that when he reached the house of the deceased, he saw that son of the deceased was bringing him home on his back and he was injured. There was underwear around the neck of the deceased. Pritam Chand PW-10 told him that the deceased was murdered by the accused. This witness has further proved the fact that underwear was around the neck of the deceased and he was naked. This is also the prosecution story and as such, it has been corroborated by both these witnesses. Gian Chand PW-6 is a village Chowkidar and he accompanied Pritam Chand PW- 10 to lodge report in Police Post, Ramkote. 12. The learned counsel for the accused has further argued that the investigating officer has not been examined in this case and as such the prosecution story cannot be believed. Again the argument of the leaned counsel is devoid of any force because the non examination of the investigating officer has not caused any prejudice to the accused and it has also not been pointed out by the learned defence counsel as to the accused has been prejudiced in his defence by the non-examination of the investigating officer when the prosecution has otherwise fully proved its case by leading cogent and trustworthy evidence. Now comes the motive. It is the case of the prosecution that the accused lived separately from his father and he regularly quarreled with him for getting more land. The accused is a vagabond and as such, his father was not willing to give him land with the apprehension that he would sell the same and for the said reason, their relations were not cordial. This fact has been proved by almost all the prosecution witnesses. Bishan Dass PW-3 though declared as a hostile witness has categorically stated that the accused does not do any work and he has separate parcel of land which was given to him by the deceased. This fact has been proved by almost all the prosecution witnesses. Bishan Dass PW-3 though declared as a hostile witness has categorically stated that the accused does not do any work and he has separate parcel of land which was given to him by the deceased. The accused does not have cordial relations with his brothers and that is why the deceased separated him and gave him his share in the land so that he might not quarrel with his brothers. Similar statement has been made by Om Parkash PW-5. Shano Devi PW-9 and Pritam Chand PW-10 have also proved the fact that the accused was not having cordial relations with his deceased father. The prosecution has thus established the fact that the accused had the motive to commit murder of his father. He lived separately from his father and he was given his share in the land but he demanded more and his father was not willing to give because he apprehended the he would sell the land. For the said reason, he always quarreled with his father and on the fateful day of 15.1.2004, he forcibly took him towards “ Bowli” side where he tied a rope of his underwear in is neck and dragged him as a result of which he died. Moreover, it is well settled that when the prosecution case rests on the statements of the eye witnesses, motive is immaterial. 13. The statement of the accused was recorded under the provisions of the Section 342 Cr PC but he has put up a defence of total denial of all the prosecution allegations. He has not led any evidence in defence. 14. Now it is to be determined as to whether the offence committed by the accused falls in any of the clauses of section 300 Ranbir Penal Code or amounts to culpable homicide not amounting to murder as provided under section 304 RPC. It has come in the prosecution evidence that the accused was not having cordial relations with the deceased and on the day of alleged occurrence, he came to his home and demanded share of land from him which he flatly refused. He then forcibly took the deceased towards “Bowli” side where he put the rope of his underwear in his neck and dragged him which resulted in his death due to throttling. He then forcibly took the deceased towards “Bowli” side where he put the rope of his underwear in his neck and dragged him which resulted in his death due to throttling. The abdomen of the deceased was swollen due to dragging and he became unconscious but even then the accused did not leave him and in order to ensure his death, he inflicted injuries on his head with a stone. In view of such an evidence brought on record by the prosecution, it is established that the accused had the intention to either cause death or such bodily injury as was likely to cause death and as such he has committed an offence falling under section 302 RPC. The medical evidence has also proved the fact that the deceased died due to asphyxia from the throttling leading to cardio–respiratory arrest. 15. In view of what has been stated above, it is held that the prosecution has succeeded in proving its case against the accused beyond reasonable shadow of doubt. In other words, the accused has been found guilty of committing murder of his father which is punishable u/s 302 RPC and as such, he is convicted for the commission of the said offence.” 16. The core issue that arises for consideration in this case is whether, while recording the judgment of conviction and sentence, the prosecution evidence has been properly appreciated and in the right perspective. The Ld. Trial court has recorded the entire evidence in its breadth and length in the impugned judgment and the same does not require to be repeated and reiterated here. The trial court, as is clear from the impugned judgment, has, after taking into consideration the entire evidence adduced by the prosecution, come to the conclusion that the accused has committed the crime imputed to him. 17. The law is that the function of the Court in a criminal trial is to find out whether a person arraigned before it, as the accused, is guilty of the offence with which he is charged. For this purpose, the Court scans the material on record to find out whether there is any credible, reliable and trustworthy evidence on the basis of which it is possible to convict the accused and to hold that he is guilty of the offence with which he is charged. For this purpose, the Court scans the material on record to find out whether there is any credible, reliable and trustworthy evidence on the basis of which it is possible to convict the accused and to hold that he is guilty of the offence with which he is charged. The burden to prove the ingredients of the offence is always on the prosecution and it never shifts to the accused. 18. Looking at the instant case from the perspective of what has been stated above is that the accused herein this case has been arraigned on a charge of killing his father by a stone thrashing him and dragging him with the string of his underwear which he tied unto his neck. The sum and substance of the statements narrated in the resume of the evidence of the witnesses requires to be narrated here. The prosecution has examined Faqar Ali PW-7, Shano Devi PW-9 and Pritam Chand PW-10, as eye witnesses of the alleged occurrence. Faqar Ali PW-7 has categorically stated that he heard a noise emanating from a spring. He went there. He saw that the accused had tied the neck of the deceased with the string of his underwear and he was dragging him. The abdomen of the deceased was swollen and he had sustained injuries on his head, as a result of which blood was oozing out of the injuries and the clothes of the accused were soaked with blood. The accused threatened to kill anyone who dared to come to him. At that moment, Bishan Dass, Parkash and Dhani Ram were there. On the second day, he heard that the deceased had died. His statement has been corroborated by Shano Devi PW_9 who is the wife of the deceased and the mother of the accused. 19. Mst. Shano Devi has stated that the accused is her son. He is avaga-bond and her husband separated him from his household eight/nine years back. He was given his share in the landed property. The accused was harassing and torturing his father. About three years back, he told his deceased father to part with his land and to reduce it into writing. At about 8.30 PM, she was preparing the meals. Her husband was sleeping. The accused came there and took her husband with him. He was given his share in the landed property. The accused was harassing and torturing his father. About three years back, he told his deceased father to part with his land and to reduce it into writing. At about 8.30 PM, she was preparing the meals. Her husband was sleeping. The accused came there and took her husband with him. After an hour, they heard the accused shouting loud from the spring that he has killed his father. She and her son Pritam went towards the spring and they saw it under the light of torch that the accused was mercilessly beating the deceased with a stone. He ran away from the spot after seeing them. Faqar Ali, Bishan Dass and Parkash, were present on the spot and they brought the deceased to his home. The accused also accompanied them because of fear. The deceased succumbed to the injuries at about 4.00 AM. In her cross-examination, she has stated that the accused forcibly took her husband from his home. The deceased had parted eight kanals of land in favour of the accused. The accused was harassing the deceased prior to the occurrence also. When the accused took the deceased with him, her son Pritam was not at his home at that moment. He had gone to the market to purchase cigarettes. The accused stayed with them after the occurrence. The police-authorities came there in the morning and even at that time also the accused was there. When cross-examined by the Court, the witness stated that firstly the accused ran away from the spot but when they brought the deceased to his home, he also accompanied them. 20. Pritam Chand has stated in his statement that when he reached his home at about 8.15 PM, he saw that his father was not there. He enquired from his mother about the whereabouts of his father. She told him that the accused had forcibly taken him. She asked him to find out his father. When he covered some distance from his home, he heard the accused shouting loudly that in case anyone came there, he would be murdered. He went towards the spot and saw it under the light of the torch that the accused was dragging his father. He asked the accused as to what he was doing. When he covered some distance from his home, he heard the accused shouting loudly that in case anyone came there, he would be murdered. He went towards the spot and saw it under the light of the torch that the accused was dragging his father. He asked the accused as to what he was doing. On this, he picked up a stone and hit it on the head of his father, as a result of which, he received a fracture in his head. Bishan Das, Parkash, Faqar Ali and his mother reached at the spot and they brought his father to his home where he died in the morning at about 7.00 AM. He and Gian Chand went to the police Post, Ramkote, where they lodged an oral report which was entered in the Daily Diary register which bears his signature and the signature of Gian Chand. The accused is a vagabond and does not do any work. He demanded a share in the landed property held by his father and his father said that he would not give him any share as he will sell the same. His father was not willing to part with the land. His father constructed a house for the accused where he was living. In cross-examination, he has stated that the police did not seize the stone with which the accused killed his father. The accused first strangulated his father and then inflicted injuries on him with a stone Faqar Ali, Prakash and Gian Chand are living at a distance of 150 meters from the place of occurrence. They were the first to reach on the spot. The accused inflicted injuries on the head of his father with a stone in the presence of witnesses. Dr. Vijay Khajuria PW-4 has stated that on 16.1.2004, a Board comprising of himself and Dr. Sanjeev Gupta, Assistant Surgeon, conducted autopsy on the dead body of the deceased Moti Ram and observed as follows: External appearance Length of the body : 5’ 7” Appearance of the body : Normal Signs of decomposition : Nil Rigor mortis was present all over the body Liver merits present. State of natural orifices : Eyes bilateral closed sub con-junctivalhaemorrhages seen Semen is being discharges from penis. Special remarks : Blood Grop “B+ ve” reported from lab. SDH Billawaron 17.1.2001 External and Internal injuries : 1. State of natural orifices : Eyes bilateral closed sub con-junctivalhaemorrhages seen Semen is being discharges from penis. Special remarks : Blood Grop “B+ ve” reported from lab. SDH Billawaron 17.1.2001 External and Internal injuries : 1. Bruise bluish red in colour on left cheek below left eye. 2. Lacerated wound surrounded by dried blood about one inch Less skin deep on the scalp parallel to the saggital suture. 3. Abrasion circular 3 cm in diameter bluish red in colour on the left knee. 4. Abrasion circular about 2 ½ cm in diameter bluish red in colour on right knee. 5. Inferior – surface on the tongue bruised. On Dissection of Neck 1. Laryngeal cartilages fractured. 2. Sub-cucosalhaemorrhage of larynx present 3. Fracture of hyoid bone present. 4. Mucosa oftraches congested. 5. Oesophagus full of food material. Head Injuries 1. Scalp explained in section injury No.2. 2. Memberane: Congested. 3. Brain substance : Polling of blood seen veins engorged with blood. Thorax injuries 1. Walls, ribs and cartilages : Normal 2. Pleasura, larynx trachea for foeign body or disease etc : Larynx and trachea as explained in section injuries. 3. Lungs : bilateral apical calcificdes seen pieces of b/1 lungs sent for chemical analysis. 4. Head and blood vessels : Normall all chambers empty. Pieces of heart sent for chemical analysis. Abdomen. 1. Liver, Gall bladder : Liver spongy enlarged (piece sent for chemical analysis) 2. Pancreas : Normal. Gall bladder filled with bite. 3. Spleen : Normal. Sent for chemical analysis. 4. Urinary bladder : Empty. 5. Stomach : Filled with gasses and undigested food. 6. Intestines : Stomach full with contents and Pieces of intestines sent for chemical analysis. Organ of qeneration. Normal. Bilateral tests descended In scortumsemem, discharge is seen from penis. In the opinion of the Board of Doctors, the death had occurred due to asphyxia from the throttling leading to cardio respiratory arrest. The contents of the post mortem report are correct. (Note:- It is exhibited as EXPW-11-VK). In his opinion, the throttling leading to cardio respiratory arrest was sufficient in the ordinary course of nature to cause death. In cross-examination, he has stated that the throttling is manual strangulation where force is applied by hands on the neck leading to compression of the respiratory track, thus blocking the passages causing failure of respiration which leads to death. In his opinion, the throttling leading to cardio respiratory arrest was sufficient in the ordinary course of nature to cause death. In cross-examination, he has stated that the throttling is manual strangulation where force is applied by hands on the neck leading to compression of the respiratory track, thus blocking the passages causing failure of respiration which leads to death. On dissection the laryngeal, cartilages were found fractured and there was sub-mucosal haemorrhage of larynx, fracture of hyoid bone, mucosa of trachea congested, oesophagus full of food material. All these findings lead to the conclusion that it was a case of asphyxia though there findings lead to the conclusion that it was a case of asphyxia though there was no ligature mark found on the throat. There was no specific external injury noticed on the neck of the deceased but other injuries were present which were six in number. If manual force is applied to carotid nerve plexuses, the death can be instantaneous and if it is due to some other cause, it may take more time. Breaking of hyoid bone by a fall is unusual as it is surrounded by cartilages and other muscles. Though there was no mark of ligature on the neck of the deceased but on dissection, the laryngeal cartilages and hyoid bone had been found fractured and that is why they opined that it was a case of throttling due to asphyxia leading to cardio respiratory arrest. The injuries as recorded in post mortem certificate report were fracture of hyoid bone leading to compression of respiratory track which was sufficient in the ordinary course of nature to cause death. 21. Testing the prosecution case on the touchstone of the evidence of the aforesaid witnesses, the impugned judgment is based on the law, reason and the logic. It does not call for any interference, primarily, because the brother of the accused, his mother and Faqar Ali have deposed against him. They have given a vivid account of the occurrence in their statements. Their statements are above board. These breed confidence. There appears to be no reason to disbelieve them. They have not only given a clear image of the occurrence but the mode and manner in which the deceased was put to death has also been spelt out by unimpeachable evidence. Their statements are above board. These breed confidence. There appears to be no reason to disbelieve them. They have not only given a clear image of the occurrence but the mode and manner in which the deceased was put to death has also been spelt out by unimpeachable evidence. They have stuck to the statements made by them before the police authorities at a time when the criminal law was set into motion. The occurrence has been reported before the police authorities with utmost dispatch and without losing any time. The substratum of the prosecution case that the accused killed the deceased has not been shaken by them in their statements. They have not been discredited in their cross examination. They have not impaired the basic foundation of the prosecution case. There are no circumstances that could render the FIR to be suspicious. The trial court has explained all the circumstances as these exist in the statement of the medical expert and how he (the medical expert) has corroborated the ocular evidence on record. These two (the mother and the brother of the accused) witnesses had no reason to involve their brother and son falsely in the crime. There is nothing in the evidence to state that they had any ill will, hatred, scores to settle or animosity with the accused. The chances of the false implication of the accused are completely ruled out in the case. The statements of the mother and the brother of the accused have been corroborated by Faqir Ali in the material particulars of the case and these statements are corroborated by the medical expert, namely Dr. Vinay Khajuria, whose statement has been scanned and evaluated by the trial court properly and in the right perspective. 22. Even in the absence of the statements of these witnesses a conviction can be sustained in the instant case as the time gap between the point of time when the accused and the deceased were seen alive and the deceased was found unconscious and soaked with blood after the accused took him out of the house was so short and small that it has to be presumed that the accused was the perpetrator of the crime. The theory of the ‘last seen together’ is based on the principle that when two persons are ‘seen together’ alive and after a short interval of time, one of them is found alive and the other dead, the presumption as to the person alive being the author and architect of the murderer of the other can be drawn. This time gap has to be such so as to rule out the possibility of somebody else committing the crime. This principle is one of the latest principles which is given due consideration in establishing the guilt of the accused. The person last seen with the victim is presumed to be the murderer and it shifts the onus onto the accused to prove that he is innocent. The foundation of the ‘last seen together’ is based on the principles of probability and cause and connection. 23. Be that as it may, all the eye witnesses whose statements have been detailed above have been emphatic in stating that the accused was the architect and the author of the crime. The medical expert has corroborated their statements, yet no bar precludes in sustaining the conviction even on the solitary statement of a witness alone in case it is cogent and credible. The judicial precedent reported in Law Herald (SC) 4049 in case Prithipal Singh Vs. State of Punjab assumes significance on that count. There it has been held as follows:- 24. “This court has consistently held that as a general rule the court can and may act on the testimony of a single witness provided he is wholly reliable. There is no legal impediment in convicting a person on the sole testimony of a single witness. That is the logic of section 134 of the Evidence Act. But if there are doubts about the testimony, the court will insist on corroboration. In fact, it is not the number or the quantity, but the quality that is material. The time honored principle is that evidence has to be weighed and not counted. The test is whether the evidence has a ring of truth, is cogent, credible and trustworthy or otherwise. The legal system has laid emphases on value, weight and quality of evidence, rather than on quantity, multiplicity or plurality of witnesses. If is, therefore, open to a competent court to fully and completely rely on a solitary witness and record conviction. The test is whether the evidence has a ring of truth, is cogent, credible and trustworthy or otherwise. The legal system has laid emphases on value, weight and quality of evidence, rather than on quantity, multiplicity or plurality of witnesses. If is, therefore, open to a competent court to fully and completely rely on a solitary witness and record conviction. Conversely, it may acquit the accused in spite of testimony of several witnesses if it is not satisfied about the quality of evidence. (see Vadivelu Thevar V. The State of Madras, AIR 1957 SC 614 ; Sunil Kumar V. State Govt. of NCT of Delhi, (2003) 11 SCC 367; Namdeo V. State of Maharashtra, (2007) 2 Law Herald (SC) 1132; (2007) 14 SCC 150 ; and Bipin Kumar Mondal V. State of west Bengal, 2010 (5) Law Herald (SC) 3107; AIR 2010 SC 3638 ).” 25. Applying the ratio of the law laid down above to the facts of the instant case the statements of the witnesses detailed above are sufficient to convict the accused. These are wholly reliable and breed confidence. There is no infirmity in their statements that would render them weak, fragile, incoherent or improbable. No one will involve his kith and kin falsely in a row and screen the real offender particularly when he/her has no animus with him/her. The statements of mother and the brother of the accused buttressed with the other evidence prove that the accused, killed the deceased and to crown it all it is difficult to believe and comprehend that a mother who holds immense love and affection in the heart of her hearts for her son will involve him falsely and that too in a case of murder and holding otherwise will be devaluing completely the great qualities of the bonding not only experienced by the human beings but even by all the species of animals. “Washington-Irving said and we quote, “there is an enduring tenderness in the love of a mother for her son that transcends all other affections of her heart. It is neither to be chilled by selfishness, nor daunted by anger, nor weakened by worthlessness, nor stifled by ingratitude. “Washington-Irving said and we quote, “there is an enduring tenderness in the love of a mother for her son that transcends all other affections of her heart. It is neither to be chilled by selfishness, nor daunted by anger, nor weakened by worthlessness, nor stifled by ingratitude. She will sacrifice every comfort to his convenience; she will surrender every pleasure to his enjoyment; she will glory in his fame, and exult in his prosperity; and, if misfortune overtakes him, he will be the dearer to her from misfortune; and if disgrace settles upon his name, she will still love and cherish him in spite of his disgrace; and if all the world besides cast him off, she will be all the world to him”. 26. The passage cited above is so sacred and meaningful in thought for it conveys and connotes the maternal love, the love that a mother has for the child. There is an old adage that of all the relations we make in our life, the relation with the mother is always nine months more. What prompted us to quote Washington Irving, is that it is too difficult to comprehend that a mother will involve her son falsely is a row. She must have been shattered, devastated, shell-shocked and debunked to see her own child killing her husband and his father and, therefore, her statement can in no way and under no circumstances be discarded. 27. The argument of the Ld. Counsel for the accused that there are discrepancies in the statements of the witnesses is a specious argument when tested on the touchstone of the instant case where the occurrence has taken place in a geographical area like UchhaPind, Billawar The behavioral pattern and perceptive habits of the witnesses have to be judged as such. Too sophisticated approaches about human conduct cannot be applied to those given to the lethargic ways of our villages. Crime has now become very common and almost has achieved the fixity of normal social behaviour, and honest witnesses are afraid of coming forward with their versions. To hope for rigor in the proof of a correct version is almost to hope for the moon. These rustic witnesses, from a remote area, have come up with their real version of the case, though there are sequences and discrepancies which do not help to go to the root of the case. 28. To hope for rigor in the proof of a correct version is almost to hope for the moon. These rustic witnesses, from a remote area, have come up with their real version of the case, though there are sequences and discrepancies which do not help to go to the root of the case. 28. The present case boils down to a rude, brutal, premeditated intention of an inhuman homicide in cold blood accomplished by killing the deceased by the accused born from his ribs. The routine legal procedures can do little and really do little to camouflage such act as acts not barbaric or acts done on the spur of the moment. Whatever justifications or rationalizations we use to mitigate the ferocity of the crime, whatever interpretations or constructions we put on the motivation or motivations of those who perpetrate such heinous crimes, the simple truth is the act has been committed and it must entail punishment. There is no point in using eristic skill in such open crimes. 29. The motive behind the commission of the crime is that the accused an idle man wanted to have the cake and eat it too. The deceased constructed a house for him and gave him some land. The accused wanted more of it and the deceased did not yield to his pressure as he had the belief that he will sell it. This had strained their relations and on the day of the occurrence also the accused projected a similar demand but the deceased did not budge. This irked the accused. It did not anger well with him and he put an end to the life of the deceased. Abraham Cowley a poet wrote: “Man is to man all kinds of beasts; a fawning dog, a roaring lion, a thieving fox, a robbing wolf, a dissembling crocodile, a treacherous decoy and a rapacious vulture.” 30. The upshot of the above discussion is that the accused killed the deceased with a fixed immediate purpose. He took the deceased out of his house forcibly. He concealed before the deceased his intention to kill him that he had in his mind. Prosecution has succeeded in discharging its burden to prove that the accused has committed the crime imputed to him. There is no merit in this appeal. He took the deceased out of his house forcibly. He concealed before the deceased his intention to kill him that he had in his mind. Prosecution has succeeded in discharging its burden to prove that the accused has committed the crime imputed to him. There is no merit in this appeal. It entails dismissal as a consequence of which the same is dismissed and the judgment of conviction and sentence recorded by the trial court whereby the accused has been convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5000/- and in default of the payment of fine to undergo rigorous imprisonment for a period of six months is maintained and upheld. The reference made by the learned Sessions Judge, is also answered accordingly. 31. The record of the trial court along with a copy of this judgment shall be sent to the trial court.