The court emphasized the importance of considering the credibility of witnesses and the presence of motive in criminal cases.

JAWAHAR LAL GUPTA, J.

1. The appellant, Sarwan Singh, is found to have murdered his father Kirpal Singh. The brother and the mother are the witnesses against him. The trial Court has found him guilty of the offence punishable under Section 302, IPC.He has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 2,000/-. In default of payment of fine, the appellant has been sentenced to undergo rigorous imprisonment for six months. Aggrieved by the order, the appellant has approached this Court through the present appeal.

2. The occurrence is alleged to have taken place in Village Kirtowal on the night of May 30, 1992. The time was between 10 and 11 p.m. The First Information Report was lodged by Balwinder Singh, the younger brother of the appellant. He made a statement before Sub Inspector Tarlochan Singh which was recorded at 12.10 p.m. on May 31, 1992. This statement is Ex. PW 1/A.On the basis of this statement, FIR Ex. PW 8/B was recorded at Police Station Harike at 12 : 45/1.10 p.m. The special report was sent to the authorities concerned.

3. Balwinder Singh PW 1 stated that on the night of May 30, 1992 he and his mother Swaran Kaur, father Kirpal Singh and elder brother Sarwan Singh (the present appellant) were sitting in the house. They had taken their meals. Kirpal Singh (the deceased) was lying down on his cot in the courtyard. Sarwan Singh (the appellant) asked his father to sell some land and purchase a truck. The father refused. Sarwan Singh started hurling abuses, While quarrelling he picked up a Kahi (spade) and gave three blows to Kirpal Singh. The "first blow hit the nose and jaw ... the second blow hit the neck and the third blow hit the right shoulder". On receipt of these injuries, Kirpal Singh died at the spot. Sarwan Singh ran away along with the spade. In the morning, Balwinder Singh went to the Military Camp "which is in the Mand of our village". After leaving his mother to guard the dead body, he was going to the Police Station to lodge the report. On the way he met Sub-Inspector Tarlochan Singh near the school.

4. Sub-Inspector Tarlochan Singh (since dead) arrived at the spot along with other police officials. He prepared the Inquest Report Ex. PW 8/C.He noticed three injuries on the body of the deceased. The first was an incised wound caused with a sharp edged weapon "from the nose up to both the jaws". The second was an injury "caused with a sharp edged weapon on the neck". The third was an injury "caused with a sharp edged weapon on the right shoulder". The case was investigated and the challan was filed in the Court.

5. The prosecution had produced Dr. Sham Lal Gupta who had conducted the post-mortem examination. However, he was not examined as the correctness of the post-mortem report was admitted by the accused and the counsel. The report was taken on record as Ex. PX.The prosecution also produced Balwinder Singh PW 1 and Smt. Swaran Kaur PW 2, Balwinder Singh reiterated the story as given in the FIR.He denied the suggestion that Kirpal Singh had received any threatening letters or that he was deposing falsely against the accused to deprive him of the share in the property. Smt. Swaran Kaur PW 2 corroborated the story as disclosed by Balwinder Singh. In cross-examination she admitted that the attitude of the accused towards her was not good and that their relations were strained. However, she denied the suggestion that she was not present in the house or that she was deposing falsely against the accused. Rishi Ram PW 3 was the Draftsman. He had prepared the site plan Ex. PW 3/A.The affidavits of Constable Balraj Singh PW 4, Moharrir Head Constable Jasbir Singh PW 5, Constable Sukhcharanjit Singh PW 6 were also tendered on record. Sukhchain Singh PW 7 stated that Sub-Inspector Tarlochan Singh had taken into possession blood-stained earth and other articles. ASI Bawa Singh PW 8 had completed the investigation. He had interrogated the accused. In pursuance to the disc