Point of law: So far as motive is concerned, it is well settled, where direct evidence is worthy to credence, can be believed, then motive does not carry much weight - That mind set of accused persons differs from each other - Merely because that there was no strong motive to commit the present offence, prosecution case cannot be disbelieved - It is settled that merely because witnesses are close relatives of victim, their testimonies cannot be discarded. Relationship with one of the parties is not a factor that affects credibility of witness, more so, a relative would not conceal the actual culprit and make allegation against an innocent person. However, in such a case Court has to adopt a careful approach and analyse the evidence to find out that whether it is cogent and credible evidence.

JUDGMENT :

Rajendra Kumar-IV, J.

1. The present Criminal Appeal has been filed by accused-appellants, namely, Badri, Babu Ram, Jawahar Singh, Natthu and Subedar against the common judgement and order dated 21.10.1983 passed by IV Additional Sessions Judge, Etah, in Sessions Trial No.515 of 1983 and Sessions Trial No. 507 of 1983, under Sections 147, 302/149 and 307/149 IPC, Police Station, Mirehchi, District Etah, convicting accused-appellants and sentencing them to undergo life imprisonment.

2. Factual matrix of case as emerging from First Information Report (hereinafter referred to as “FIR”) as well as material placed on record is as follows.

3. A written report, Ex.Ka-7, dated 15.05.1983 was presented in Police Station Mirehchi, District Etah by Informant PW-5, Tolwar Singh, alleging that on 14.05.1983 at about 7:00 p.m., he (informant), his brother-in-law Tota Ram and his uncle (Tau) Chhviram were sitting on respective cot on Chabutara (platform) in front of his house. His mother Smt. Ramdevi (deceased) was also sitting on the earth of Chabutara. A lantern was lighting on the peg. Accused persons, namely, Badri, Babu Ram, Jawahar Singh, Natthu and Subedar came from the side of one Khumano with intention to kill them (informant side), threw hand grenade due to which there was a huge explosion and he, (complainant himself), his uncle and his mother sustained serious injuries. His mother sustained much injuries in her head and died on spot. All the accused persons were recognized by informant, his brother-in-law Tota Ram and his Tau in the light of lantern. The F.I.R. further recites that his uncle Chhaviram was issue-less and lived with him. He wanted to give six Beegha land of his share to the informant Tolwar Singh, because of this accused Badri who happens to be his cousin was angry with Chhaviram.

4. On receipt of written report Ex.Ka-7, Chik F.I.R. Ex.Ka-3 was prepared by constable concerned, who registered the case under Sections 302 and 307 IPC as Case Crime No. 59 of 1983. An entry of case was made in General Diary on the same day at 6:00 a.m., a copy whereof is Ex.Ka-4 on record.

5. Immediately after registration of case, PW-7, Sri Bal G. Sonkar, started investigation, took copies of relevant papers, proceeded to spot, directed S.I. Jagdish Prasad for conducting inquest Ex.Ka.-8 and other relevant papers. Investigating Officer prepared site plan Ex.Ka-12, took lantern in his possession, collected bloodstained and simple earth from spot and prepared Fards thereof Ex.Ka-13 and 14. Dead body of deceased Ramdevi was sent for post-mortem.

6. P.W. 4 Dr. K.K. Singh conducted post-mortem over the dead body of deceased Smt. Ramdevi and prepared post-mortem report Ex.Ka-6. Doctor noted the anti-mortem injuries found on the dead body of deceased as under :-

(i) 3 lacerated wounds of skull cavity deep of the dimension of 8 cm. x 6 cm., 4 cm. x 2 cm. and 5 cm. x 2 cm. On occipital parietal region of left half. 7 cm. Medial and back of ear.

(ii) Multiple wound of entry of various sizes measuring from 1 cm. x 1/2 cm. x skin deep muscle deep and 1/2 cm. x 1/2 cm. x skin deep on the left shoulder in an area of 8 cm. x 8 cm.

(iii) Multiple wounds of entry in an area of 10 cm. x 10 cm. On the shoulder of supra scapular region of right back varying 3/4 cm. x 1/2 cm. x tissues deep to 1/2 cm. x 1/2 cm. x skin deep.

Doctor opined that death of Smt. Ramdevi was possible at 7:00 p.m. on 14.05.1983 due to coma as result of ante-mortem injuries.

7. PW-1, Dr. S.P. Varshney, the then Medical Officer, District Hospital, Etah, medically examined the injured Tolwar Singh P.W.-5 and Chhaviram PW-6 on 15.05.1983 and prepared injurty reports.

(a) Injuries of Tolwar Singh P.W.-5 are as under :

(i) Superficial burn over contused base in an area 16 cm x 7 cm on back of right elbow and upper forearm with peeling of cuticle.

(ii) Superficial burn on front of Rt. Arm in upper part size 4 cm. x 2 cm. Superficial layer of skin is absent with contused base. No black area a