JUDGMENT : RAM KRISHNA GAUTAM, J. 1. This jail appeal, under Section 383 of Criminal Procedure Code, 1973 (hereinafter referred to as ‘Cr.P.C.’), has been filed by Superintendent of Jail, Firozabad, against judgment of conviction and sentence of convict-appellant Lala @ Narendra Singh, son of Uttam Singh by Court of Additional District and Sessions Judge, Fast Track Court No. 4, Firozabad, in Sessions Trial No. 218 of 2004, arising out of Case Crime No. 17 of 2004 of Police Station Tundla, District Firozabad, with rigorous life imprisonment and a fine of Rs. 1,000/-, in default of payment of fine with further imprisonment of one year, for offence of murder, punishable under Section 302 I.P.C., for and on behalf of convict Lala @ Narendra Singh, languishing in jail, with contention that trial Judge failed to appreciate facts and law placed before it. Convict-appellant Lala @ Narendra Singh has been convicted for offence of murder punishable under Section 302 I.P.C. and sentenced with rigorous life imprisonment and a fine of Rs. 1,000/-, with a direction for undergoing further imprisonment of one year in default of payment of fine whereas there was material contradictions and inconsistencies in the testimony of prosecution witnesses, who were closely related witnesses, having enmity against convict-appellant. But learned Sessions Judge failed to appreciate the same. Investigation was erroneous, charge-sheet was submitted on the basis of erroneous investigation and concocted evidence, First Information Report (hereinafter referred to as 'F.I.R.') was delayed with no cogent explanation, hence, prayer for setting aside the impugned judgment of conviction and sentence therein, was made. 2. From the very perusal of record of trial Court, it is apparent that chik F.I.R. (Exhibit Ka-5) of Case Crime No. 218 of 2004, under Section 302 I.P.C. was got registered at Police Station Tundla, District Firozabad on 26.1.2004 at 12:30 P.M. for an offence of murder committed at 10:30 A.M. of 26.01.2004 at village Madavali, five kilometer north-east from Police Station Tundla, on the basis of F.I.R. (Ex. Ka-1), scribed by Indrapal Singh Pounia son of Sri Sonveer Singh, resident of same village Madavali and signed by informant Brij Bhushan son of Mahendar Singh of same village by Head Constable HM83 Rajendra Prashad Saraswat (PW-6), by making entry of this registration of case crime number at 12:30 P.M. as report No. 24 on the same day of 26.01.2004, in its G.D. Entry under one and common process by placing corban, proved and exhibited as Ex. Ka-6, with this contention that informant's Tau (elder brother of father), father of convict appellant Lala @ Narendra Singh had previously alienated his movable and immovable property resulting Lala @ Narendra Singh residing at the temple of Shala where father of informant i.e. Mahendra Singh used to visit for reading Ramayan. Lala @ Narendra Singh asked Mahendra Singh for giving some share to him from his house which was refused by him. Though, a civil suit had been filed by Uttam Singh as well as Lala @ Narendra Singh and there remained enmity regarding it. On 26.1.2004, Mahendra Singh went at above temple, informant followed him to above temple for having green chaff of Barseem (a green grass being fed to cattle), when Mahendra Singh after reading Ramayana came out from temple, Lala @ Narendra Singh, armed with sharp edged weapon Banka, did abuse with threat of dire consequences, Mahendra Singh ran while making rescue call. Informant along with Hari Om Singh, Digamber Singh son of Sri Charan Singh, Indrapal Singh son of Sonveer Singh all resident of village Madavali, present in the temple, ran towards Mahendra Singh. But Lala @ Narendra Singh gave blow at the neck of Mahendra singh, who fallen on the land then after many blow were given, resulting his instant death on spot. Informant too was chased by Lala @ Narendra Singh, with intervention of those persons including Hari Om Singh, he ran and fled towards field. This occurrence was of about 10:30 A.M., dead body was lying on spot, this report was submitted. Criminal machinery was put in the motion. S.H.O. Tundla rushed on spot, got plain and blood stained soil from the spot, which was taken and sealed in two containers, with preparation of specimen seal and recovery memo Ex. Ka-3, on spot. This occurrence was of about 10:30 A.M., dead body was lying on spot, this report was submitted. Criminal machinery was put in the motion. S.H.O. Tundla rushed on spot, got plain and blood stained soil from the spot, which was taken and sealed in two containers, with preparation of specimen seal and recovery memo Ex. Ka-3, on spot. Lala @ Narendra Singh while being seated under hide in a field of mustard of Ram Singh, resident of Kaluva Nagra, was apprehended with weapon of offence at 5:30 P.M. of same day i.e. 26.1.2004 by S.H.O. (I.O.) S.P. Mishra, in presence of witness Dhramveer Singh, Balbir Singh, Indrapal Singh, Sishupal Singh and Tam Singh. This weapon of offence was stained with blood and soil but no license for same could be shown except a confession for murder of Mahendra Singh by this weapon, made by accused Lala @ Narendra Singh, his clothes Kurta with full sleeves and Lungi (open trouser) of Sleti colour with checks, were with stain of blood, confessed to be of deceased Mahendra Singh. These clothes and weapon of offence were taken in possession and kept under sealed intact position in two different clothes with preparation of specimen seal and recovery memo Ex. Ka-4 on spot under handwriting and signature of this S.H.O. (I.O.) S.P. Mishra and witnesses as above. Inquest proceedings followed by autopsy examination was got conducted. Investigation resulted in submission of charge-sheet for offence punishable under Section 302 I.P.C. over which Magistrate took the cognizance. As the offence was exclusively triable by Court of Sessions, hence, the file was committed to Court of Sessions. Court of Additional District and Sessions Judge/Fast Track Court No. 4, Firozabad, after hearing learned Public Prosecutor and learned counsel for accused, framed charge for offence of murder punishable under Section 302 I.P.C. on 21.6.2004 which was read over and explained to accused Lala @ Narendra Singh, who denied the same with a pleading of not guilty and claim for trial. 3. Informant Brij Bhushan was examined as PW-1, Hari Om Singh PW-2, Digamber Singh PW-3, Indrapal Singh PW-4, Balbir Singh PW-5, Rajendra Saraswat PW-6, S.P. Mishra PW-7, Dr. Shankar Ghule PW-8. 4. 3. Informant Brij Bhushan was examined as PW-1, Hari Om Singh PW-2, Digamber Singh PW-3, Indrapal Singh PW-4, Balbir Singh PW-5, Rajendra Saraswat PW-6, S.P. Mishra PW-7, Dr. Shankar Ghule PW-8. 4. With a view to have explanation, if any, of accused Lala @ Narendra Singh, Trial Judge examined him under Section 313 of Cr.P.C., in which accusation was denied with assertion that his father had not transferred his whole share in the house rather land given to him by his father in family settlement was transferred by him, leaving behind 50 bigha land undivided and unsold. Accused was residing in the temple of Shala where Mahendra Singh used to visit for reading Ramayana, but there is no enmity against him. Though, suit for land was filed by his father, but was with no enmity. He was not present at the temple on the date of occurrence rather he was present at his field situated on the outer skirt of village where he was doing agriculture on the basis of sharing (Batai), he had not witnessed the occurrence but has been falsely implicated. Informant Brij Bhushan is his cousin and Indrapal Singh is of another village. Indeed he is son of his father, by first wife and his father has sold his property leaving behind no share for him and his share in the remaining 50 bigha land was demanded by accused and his father. Digamber Singh is the brother-in-law of deceased Mahendra Singh. The witnesses have given wrong statement. But he is not aware of inquest proceeding and autopsy examination. Neither he was arrested from mustard field nor he was in possession of weapon of offence nor there was blood stain over his clothes, neither he ever confessed before Balbir Singh. He has been falsely implicate. 5. No evidence in defence was adduced. 6. Trial Court/Additional Sessions Judge, Court No. 4, Firozabad vide judgment dated 16.11.2005, convicted Lala @ Narendra Singh for offence of murder punishable under Section 302 I.P.C. with sentence of life imprisonment, which was appealed in this Court. Court accepted the appeal, file was remanded back with a direction for giving an opportunity to convict-appellant either to be represented by a counsel of his choice or through Amicus Curiae and Sri Ramesh Chandra Gupta, Advocate, was appointed as Amicus Curiae, who cross-examined witnesses of prosecution. Court accepted the appeal, file was remanded back with a direction for giving an opportunity to convict-appellant either to be represented by a counsel of his choice or through Amicus Curiae and Sri Ramesh Chandra Gupta, Advocate, was appointed as Amicus Curiae, who cross-examined witnesses of prosecution. After hearing learned counsel for both sides, Trial Court convicted accused appellant with a sentence of life imprisonment and fine of Rs. 1,000/-, in case of default one year additional imprisonment vide impugned judgment against which this appeal. 7. Heard Sri Anil Kumar Ray, learned Amicus Curiae and Sri Rishi Chaddha, learned A.G.A. for the State. Perused the impugned judgment as well as record of Trial Court. 8. This F.I.R. Ex.-5 was instantly lodged after an interval of two hours at police station in which Lala @ Narendra Singh was named and was specifically assigned the role of giving assault by a sharp edged weapon, resulting death of Mahendra Singh, which was witnessed by witnesses, written in this report. Admittedly, in accordance with admission made in the statement recorded under Section 313 Cr.P.C., deceased Mahendra Singh was real uncle of convict-appellant Lala @ Narendra Singh, who is son from the first wife of his father Uttam Singh, who had transferred his property without leaving any share for Lala @ Narendra Singh. Lala @ Narendra Singh and his father was demanding share in the property of Mahendra Singh, regarding which there was a civil litigation too, which was motive for this occurrence of murder. Though, motive, in a trial based on direct ocular testimony is of no avail. But in the present case motive was specifically assigned in instantly lodged report Ex. Ka-5 and this was proved by witnesses and admitted by accused in the statement recorded under Section 313 Cr.P.C. PW-5, Rajendra Prashad Saraswat has proved instant filing of this F.I.R. resulting registration of this case crime number and entry of this registration in General Diary Entry which were exhibited as Ex. Ka-5 Chik F.I.R., Ex. Ka-6 G.D. Entry. 9. Ka-5 and this was proved by witnesses and admitted by accused in the statement recorded under Section 313 Cr.P.C. PW-5, Rajendra Prashad Saraswat has proved instant filing of this F.I.R. resulting registration of this case crime number and entry of this registration in General Diary Entry which were exhibited as Ex. Ka-5 Chik F.I.R., Ex. Ka-6 G.D. Entry. 9. Pw-7, Investigating Officer S.P. Mishra, who was the then Station House Officer of Police Station Tundla, in his examination-in-chief has said on oath that while posted as S.H.O. on 26.1.2004, Case Crime No. 17 of 2004, under Section 302 Cr.P.C. State vs. Lala @ Narendra Singh, registered on same date at police station, was taken for investigation by this witness and he, after making entry in case diary of chik F.I.R. and G.D. Entry, examined Brij Bhushan Singh whose statement is recorded in Case Diary. Then after, he, along with Sub-Inspector Sant Lal Verma got inquest proceedings completed by Sub-Inspector Sant Lal Verma. Chalan dead body Ex. Ka-7, Photo dead body Ex. Ka-8, Letter to C.M.O. Ex. Ka-9, Letter to R.I. Ex. Ka-10, was under handwriting and signature of Sub-Inspector Sant Lal Verma, which was got prepared under supervision and direction of this witness. Those were proved and exhibited as above. Site map, upon the pointing of informant and other witnesses, was got prepared under handwriting and signature of this witness, proved as Ex. Ka-11, plain soil and blood stained soil were taken from the spot, with preparation of recovery memo under handwriting and signature of this witness, proved and exhibited as Ex. Ka-3. This inquest report Ex. Ka-2 reveals the death of deceased, Mahendra Singh by assault and ante mortem injury of sharp edged weapon. Plain and blood stained soil, taken from the spot, proved the death/murder on above spot, where land was blood stained, from where blood stained soil and plain soil were taken for examination. 10. Death, being culpable homicide amounting to murder because of result of anti mortem injury of sharp edged weapon has further been proved by Dr. Plain and blood stained soil, taken from the spot, proved the death/murder on above spot, where land was blood stained, from where blood stained soil and plain soil were taken for examination. 10. Death, being culpable homicide amounting to murder because of result of anti mortem injury of sharp edged weapon has further been proved by Dr. Shankar Ghule PW-8, who in his examination-in-chief, has said on oath, that while being posted as Medical Officer on 27.1.2004 and deputed at post mortem duty, did autopsy examination over the dead body of Mahendra Singh at 12:30 P.M. who was of 55 years of age and was son of late Vasudev Singh, resident of Madavali, Police Station Tundla, brought by and identified by C.P.392 Ashok Kumar and C.P.181 Ram Prakash of Police Station Tundla, District Firozabad, under sealed intact position. There was (i) incised wound over the left portion of head, on the area of 22 cm X 8 cm X cavity deep with margin bent towards inner side lacerating mussels (ii) big artery and veins were lacerated along with fracture in the frontal maxilla and left medulla as well as forth, fifth and sixth vertebra of neck bone (iii) incised wound near ear of 5 cm X 4 cm X mussels deep with cut of right ear and fracture of forth and fifth vertebra of spinal cord and clotting of blood over brain, death was owing to above ante mortem injury resulting hemorrhage and shock. Deceased was wearing a shirt of full sleeve, sweater, baniyan, trouser, a ring of white metal and a ring (Chhalla). Death was of about one day old. Autopsy examination report Ex. Ka-4, was under his handwriting and signature, prepared at the time of autopsy examination, these injuries might have occurred at about 10:30 A.M. of 26.1.2004 by sharp edged weapon Banka. Nine papers were accompanying with the dead body, over which signature was put by this witness. In cross-examination, question has been put as to whether those injuries may occur by knife or razor, which was answered in negative. But this may occur by sword or spade. No question or dispute regarding above autopsy examination report or death owing to above ante mortem injuries or existence of these ante mortem injuries over deceased have been made by learned counsel for defence, nor accused/convict appellant has disputed the testimony of PW-8, Dr. But this may occur by sword or spade. No question or dispute regarding above autopsy examination report or death owing to above ante mortem injuries or existence of these ante mortem injuries over deceased have been made by learned counsel for defence, nor accused/convict appellant has disputed the testimony of PW-8, Dr. Shankar Ghule, except this answer that he has answered wrongly. But when he examined second time, he has shown his inability to answer because of ignorance about the testimony of PW-8. Hence, the death of Mahendra Singh, on 26.1.2004 at about 10:30 A.M. at above place of occurrence, by assault through sharp edged weapon 'Banka' resulting those grievous ante mortem injuries over head, ear with fracture of scull bone as well as vertebra of neck and vertebra of spinal cord, which in all possibility, was of result of causing death, has been fully proved by prosecution and this was a murder defined under Section 300 I.P.C., punishable under Section 302 I.P.C. 11. Informant, an eye-witness account, by his testimony as PW-1, has said that his father used to visit Shala temple for reading Ramayana. On 26.01.2004, this witness followed him for having green chaff from field near above temple. He was there at about 9:10 A.M. while Mahendra Singh was on way back to home, his nephew Lala @ Narendra Singh abused, threatened and assaulted by sharp edged weapon Banka over his head and neck, four to five times resulting his instant death. This was intervened by Hari Om Singh, Digamber Singh, Indrapal Singh and others, who were present at above temple as well as this informant who was chased by accused with intention to kill. Lala @ Narendra Singh ran towards field and this report Ex. Ka-1, was got registered. 12. In his cross-examination, no contradiction is there rather there is full corroboration from examination-in-chief. Lala @ Narendra Singh ran towards field and this report Ex. Ka-1, was got registered. 12. In his cross-examination, no contradiction is there rather there is full corroboration from examination-in-chief. A very natural testimony of this witness is there, which has further been corroborated by the testimony of PW-2, Hari Om Singh, who is uncle of informant as well as accused and has said on oath that his brother is Uttam Singh whose son from the first wife is Lala @ Narendra Singh to whom Uttam Singh had given no share in his property, as the result he was residing in temple where deceased came for reading Ramayana on 26.1.2004 and this witness along with Naipal Singh and others were present at above temple because same being very adjacent village temple. Uttam Singh had filed a suit regarding property of Mahendra Singh and this witness, for which denial was made by them. On the date of occurrence, Mahendra Singh, after reading Ramayana was on his way back to home, Lala @ Narendra Singh did attack by Banka over the head and neck of Mahendra Singh, which was witnessed by this witness as well as many others. Mahendra Singh died on spot. Lala @ Narendra Singh followed Brij Bhushan with intention to kill him also but upon intervention of these independent witnesses, he ran towards field. 13. This witness was given opportunity for cross-examination but the same was not availed, hence, on the next day, the cross-examination was resumed in which same averment has been said on oath. There is no contradiction, embellishment or exaggeration in the testimony of this witness rather full corroboration with minute natural variation, making witnesses most natural witnesses. 14. This has further been corroborated by another independent witness Digamber Singh, who in his examination-in-chief as well as examination in cross, has categorically corroborated the version. Though, he is resident of a place, 50 km. away from the place of occurrence, but has said to be at the spot because of doing cultivation over the field of Lalta on lease. He has narrated the assault by Banka by Lala @ Narendra Singh over Mahendra Singh resulting his death. He is wholly reliable witness. 15. Pw-4 Indrapal Singh scribe of the F.I.R. (Ex. Ka-1), has said that Ex. Ka-1 was written by him upon the dictation of Brij Bhushan Singh. The same is under his handwriting and signature. He has narrated the assault by Banka by Lala @ Narendra Singh over Mahendra Singh resulting his death. He is wholly reliable witness. 15. Pw-4 Indrapal Singh scribe of the F.I.R. (Ex. Ka-1), has said that Ex. Ka-1 was written by him upon the dictation of Brij Bhushan Singh. The same is under his handwriting and signature. The inquest proceeding was conducted by Sub-Inspector on 26.1.2004, of which he was witness and same is under his signature. Which has been proved and exhibited as Ex. Ka-2. The plain and blood stained soil was taken from spot of which recovery memo Ex. Ka-3 was prepared on spot and is under signature of this witness. Regarding this testimony, there is no contradiction, embellishment or exaggeration rather this witness was Village Pradhan at the time of occurrence and has fully proved the occurrence. 16. Pw-7, Sub-Inspector S.P. Mishra, who was investigating officer has said on oath that while doing investigation of this case crime number, he arrested Lala @ Narendra Singh from the field along with weapon of offence having blood stain over it and this memo of arrest cum recovery of weapon of offence Banka was prepared on spot under handwriting and signature of this witness, over which witnesses Dharamveer Singh, Balbir Singh, Indrapal Singh, Sishupal Singh and Tam Singh as well as accused Lala @ Narendra Singh have signed. Recovery memo Ex. Ka-4 has been formally proved by this witness and thus arrest, recovery and production of sealed weapon of offence along with accused at police station was entered in G.D. Entry No. 42 at about 21.:10 P.M. at Police Station Tundla, District Firozabad. The statement of those witnesses were taken and after transfer of this witness, investigation was deputed to Sunil Kumar Mishra who had sent the docket for examination by forensic science laboratory and charge-sheet under handwriting and signature of Sunil Kumar Mishra, had been secondarily proved by this witness, marked and exhibited as Ex. Ka-13. The blood stained and plain soil under sealed bundle were opened in the Court and they were formally proved and exhibited as Material Ex.-1 and Material Ex. -2. Weapon of offence Banka was proved as Material Ex.-3. The clothes of deceased, having blood stains were proved as Material Ex.-4 and Material Ex. 5, 6, 7, 8, 9 and 10. Ka-13. The blood stained and plain soil under sealed bundle were opened in the Court and they were formally proved and exhibited as Material Ex.-1 and Material Ex. -2. Weapon of offence Banka was proved as Material Ex.-3. The clothes of deceased, having blood stains were proved as Material Ex.-4 and Material Ex. 5, 6, 7, 8, 9 and 10. This testimony of arrest of accused and recovery of blood stained weapon of offence Banka from his possession as well as clothes being blood stained, have been proved by independent witness Balbir Singh PW-5, by his testimony, Lala @ Narendra Singh was arrested by police from the mustard field where he was hiding himself on 26.1.2004 at 5:30 P.M. and blood stained weapon was recovered from his possession and his clothes and mouth were under blood stain. This Banka was kept under paper then under a white cloth and was sealed on spot. The clothes of Lala @ Narendra Singh was taken and kept under seal. Recovery memo of this was prepared on spot and after reading it, witnesses put their signature. The same is paper No. 9/1 Ex. Ka-4. Accused Lala @ Narendra Singh, present in the docket, was the same who was arrested on spot and from whom above recovery was made. In cross-examination, there is no material contradiction in his testimony, rather there is full corroboration from examination-in-chief as well as testimony of S.P. Mishra, who conducted investigation after registration of this case crime number and on the same day got accused apprehended from mustard field where he was in possession of blood stained weapon of offence having blood stained wearing clothes. All these testimonies were put in question to accused under Section 313 Cr.P.C. where a bald reply of false implication and false testimony by witnesses has been made with admission of motive as above. 17. Upon over all appreciation of above testimonies as well as answer of accused coupled with exhibits and material exhibits, report of forensic science laboratory, testimony of ocular evidence supported by medical evidence, the condition of sharp edged weapon Banka corresponding to ante mortem injuries found on the person of deceased, proved and corroborated by medical testimony of Dr. Shankar Ghule PW-8, and the rule of precedent Anil Pukhan Vs. Shankar Ghule PW-8, and the rule of precedent Anil Pukhan Vs. State of Asam, (1993) 1 Crimes(SC) 1180 (SC), conviction can be based on testimony of a single eye witness provided his testimony was reliable and inspires confidence. It is a case in which prosecution was successful to prove the charge beyond reasonable doubt. There was no illegality, irregularity or failure of learned Sessions Judge in appreciation of facts and law placed before it and we are in full support of the finding of learned Sessions Judge regarding conviction. 18. So far as sentence is concerned, Section 302 I.P.C. provides as punishment for murder, who ever commits murder, shall be punished with death or imprisonment for life and shall also reliable to fine. In Subhash Ramkumar Bind @ Vakil & Anr vs. State of Maharashtra, (2003) AIR SC 269, Hon'ble Apex Court has propounded that undoubtedly brutality is involved, for however instance of murder, but that brutality by itself will not bring it within the ambit of rarest of rare cases, for the purpose of death penalty. In Bachan Singh Vs. State of Punjab, (1980) AIR SC 898, imposition of life imprisonment with fine has been held to be general rule for sentencing under Section 302 I.P.C. and exception in rarest of the rare case is the capital punishment but in each case the appraisal and plans is to be seen upon balancing, aggravating as well as diminishing circumstances. 19. We find the imposition of life imprisonment along with fine, as above, to be adequate and proper sentence. 20. Therefore, this appeal is of no force, merits its dismissal. It is dismissed, accordingly. 21. In the result, Jail Appeal is dismissed. Impugned judgment and order dated 26.8.2018 passed by Additional District and Sessions Judge/ F.T.C. 4, Firozabad, in S.T. No. 218 of 2004, State Vs. Lala @ Narendra Singh, related with Case Crime No. 17 of 2004, of P.S. Tundla, District Firozabad, convicting appellant Lala @ Narendra Singh for an offence punishable u/s 302 I.P.C. with a sentence of life imprisonment and fine of Rs. 1,000/-, in default of payment of fine one year additional imprisonment, is hereby confirmed. 22. Lower court record along with a copy of this judgment be sent back immediately to District Court concerned for compliance and further necessary action. 23. A copy of this order be also sent to appellant through concerned Jail Superintendent. 24. 1,000/-, in default of payment of fine one year additional imprisonment, is hereby confirmed. 22. Lower court record along with a copy of this judgment be sent back immediately to District Court concerned for compliance and further necessary action. 23. A copy of this order be also sent to appellant through concerned Jail Superintendent. 24. Before parting, we find it appropriate to place on record our commendation to learned counsel, who has argued this appeal as Amicus Curiae with ability and actually assisted the Court effectively. We provide that he shall be paid counsel's fee as Rs. 11,000/-. State Government is directed to ensure payment of aforesaid fee through Additional Legal Remembrance posted in the office of Advocate General at Allahabad, to Sri Anil Kumar Ray, Amicus Curiae, without any delay and, in any case, within 15 days from the date of receipt of copy of this judgment.