The evidence of related witnesses can be trusted and relied upon to convict the accused, and the question/proof of motive becomes irrelevant when the evidence of the eye witnesses is available.

Appellants (hereinafter referred to as the accused by their respective names) question the legality of the judgment dated 18.7.1995 propounded by learned Ist Additional Sessions Judge, Jammu, in holding them guilty of commission of offences under section 302 read with section 149 of RPC and sentencing them to undergo rigorous imprisonment for life and a fine of Rs. 50,000/-, to be shared equally by all the accused persons, and further imprisonment for a term of two years for the commission of offence under section 148 R.P.C and also to suffer simple imprisonment of two years for commission of offence under section 324 RPC, with a stipulation that on the recovery of fine of Rs. 50,000/-, same shall be paid as compensation to PW Soma Devi, wife of the deceased. However, accused Shanker Dass has since expired and accused Ganesh Dass and Ram Dhan have absconded and thus could not be tried.

2. Factual scenario, as described by the prosecution, is essentially as follows:

On the night of 27th April, 1988, between 11.30-12O Clock, all the seven accused persons namely Ganesh, Daya Ram, Rattan Lal, Joginder Lal, Romesh Lal, Shanker Dass and Ram Dhan, armed with deadly weapons, swords and khokhries, actuated by a common intention and in pursuance of long drawn enmity over a dispute of a parcel of land entered into the house of deceased Sadiq Massih. The deceased was sleeping in the courtyard of the house and the accused, without giving him opportunity to rise from the cot, attacked and inflicted injuries on him, as a result of which the latter received as many as 22 injuries on almost all parts of his body and lost his breath on spot. When the members of his family made an attempt to rescue the deceased from the clutches of the accused, the accused also attacked them and inflicted injuries. The right arm of Soma Devi, wife of deceased, was chopped off and her sons were also attacked and seriously injured by the accused persons. Soon after the occurrence, first information report was lodged by PW Raj Rani with Police Station Satwari and FIR was registered against the accused persons for commission of offences under sections 302, 307, 449, 148 and 149 RPC and 4/27 Arms Act and investigation ensued.

3. All the accused persons, except Ganesh Dass and Ram Dhan, came to be apprehended by the police during investigation. On conclusion of investigation, challan was presented. The learned trial court found the accused guilty under sections 302, 324, 148 and 149 RPC and sentenced them accordingly.

4. In support of the appeal, Mr. Sunil Sethi, learned counsel appearing for the accused/appellants, attacked the findings recorded on the ground that the witnesses produced by the prosecution are related, their evidence is interested and suffers from glaring discrepancies, tutored and thus cannot be accepted without independent corroboration for recording conviction of the accused. Mr. Sethi further submitted that none of the witnesses from the village has been examined; there has been delay in dispatching FIR to the Court and the weapons of offence have not been shown to the doctor to seek his opinion if the injuries found on the person of the deceased could be caused by such weapons, alleged to have been recovered from the accused persons, when taken together, it crumbles down the prosecution case like play cards. The trial court, according to Mr. Sethi, has not appreciated the evidence in its proper perspective and the evidence of the witnesses, relied upon by the trial court, is qualitatively and quantitatively insufficient to prove the guilt of the accused beyond any pale of doubt.

5. Whereas Mr. B.S. Salathia, learned Sr. AAG, on the other hand, argued that the prosecution has established the case against the accused of having committed the offences with pre-meditation.

6. We have heard the learned counsel for the parties in extenso and also perused the record meticulously. The case of the prosecution hinges on the direct testimony of e