The defense has not raised any dispute with regard to the aforesaid fact nor any suggestion was given to the aforesaid eye- witnesses as against their statements that they were present at the time of incident and they had seen the entire incident. Their presence at the place of occurrence was quite natural. [Para 7] [1131-D-E; 1132-A] 1.2. There is no delay in the lodging of the FIR. There is also no possibility of any concoction of the incident as there was no scope of framing anybody unnecessarily and without reason within that short span of time. The motive for the murder has also been established. [Para 7] [1131- G; 1132-A] 1.3. The lathi blow was so forceful that as a consequence of which the deceased died within an hour and before he could be taken to the hospital. There is a direct nexus between the blow of lathi and death of the deceased which is immediately caused after giving the blow. [Para 11] [1134-B-C] 1.4. Although it is a case of culpable homicide not amounting to murder, but considering the nature of the injuries which was caused on a vital part of the body, there was intention on the part of the accused-appellant to cause death of the deceased. Therefore, the conviction of the appellant is altered from Section 302 IPC to Section 304 (Part I) IPC. Sentence oflife imprisonment altered to custody and sentence of 10 years. [Paras 12 and 13] [1134-C-E] State of Orissa v. Bhagaban Barik AIR 1987 SC 1265; State of U.P. v. Indrajeet (2000) 7 SCC 249; Joseph v. State of Kerala AIR 1994 SC 34 and Mohd. Shakeel v. State of A.P. (2007) 3 SCC 119, distinguished. Case Law Reference: AIR 1987 SC 1265 Distinguished. Para 10 (2000) 7 SCC 249 Distinguished. Para 10 AIR 1994 SC 34 Distinguished. Para 10 (2007) 3 SCC 119 Distinguished. Para 10 CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 996 of 2004. From the Judgment and Order dated 16.4.2003 of the High Court of Judicature at Allahabad in Criminal Appeal bearing number 1996 of 1981. Vipin Singhania and Manjula Gupta for the Appellants. T.N. Singh, S.K. Dwivedi, Vandana Mishra, Shirish Kr. Mishra and Praveen Swarup for the Respondent