IMPORTANT POINT
As against concurrent findings of facts normally Supreme Court would not interfere in an appeal by special leave under Article 136 of the Constitution of India.

ORDER

A stage show on the night to October 19, 1983 turned into a carnage in which four persons were dead and others were very seriously injured. Virtually a pandemonium broke out when the stage show was in full swing. Some spectators stabbed some others resulting in the aforesaid carnage. The police charge-sheeted seven persons as assailants. When those seven persons were facing trial one of them (A-7 Ali Hasan) died and hence the trial proceeded only in respect of the remaining six persons. The trial Judge convicted all the six persons under Sections 302, 307 read with Section 149 of the Indian Penal Code besides the offence of rioting under Section 148 of the Indian Penal Code and has chosen to award the extreme penalty known to law as for all the six persons for the major offence.

2. When the convicted persons filed appeals before the High Court they passed through a queer career. At one stage a Division Bench of two Judges of the High Court heard the appeals at great length, but they differed from each other as to the verdict to be pronounced. One of them opined that all the convicted persons are liable to be acquitted in toto while the other Judge was inclined to uphold the conviction. On account of the aforesaid tie the two learned Judges thought it fit to refer the case to a larger Bench of the High Court. Eventually, a Full Bench of three Judges heard all the appeals and as per the unanimous judgment delivered by the Bench the conviction in respect of all the offences was confirmed as against the convicted persons. However, the Bench altered the sentence in respect of the major offence from death penalty to life imprisonment. These appeals are by special leave at the instance of those convicted persons.

3. In dealing with the points raised by the learned Counsel it is advantageous to mention the facts of the case, in brief:

When the stage show (nautanki) was in full swing some of the spectators (the appellants and Ali Hasan) who were sitting on a cot watching the play started flashing torch light on the faces of girls and ladies among the spectators. While doing so appellant Nambachha cracked a banter by announcing that a reward of Rs.2/- would be awarded to the clown in the stage show and that award will be in the name of a eunuch of Benipur. The said announcement was taken objection to by Vijay Kumar (one of the four deceased in the case). Appellant Nambachha then asked Vijay Kumar to keep silence. One of the assailants made an exhortation to finish Vijay Kumar presumably for questioning the propriety of the announcement made by Nambachha. It was then that appellant Lallu took out a knife and inflicted a stab injury on Vijay Kumar. This was followed by the other accused persons rushing to those who reached for the rescue of Vijay Kumar. All those persons were showered with stab injuries. Except Rakesh Kumar all the persons stabbed in the aforesaid episode succumbed to the injuries sustained thereby.

4. Although prosecution examined six witnesses to speak to the occurrence, four of them turned hostile and hence prosecution could depend upon only PW1Ram Ajore (who gave the FIR) and PW7 Rakesh Kumar for proving the occurrence in the case. The trial Court and the Full Bench of the High Court placed full reliance on the testimony of those two witnesses. As against the concurrent findings of facts normally this Court would not interfere in an appeal by special leave under Article 136 of the Constitution.

5. Nevertheless, we have to deal with some of the points which were forcefully pressed into service by Ms. Kamini Jaiswal. The first amongst them is that the FIR in the present case is not the one propounded by the prosecution and the real FIR had been completely suppressed by the investigating officers. In support of this contention learned Counsel made reference to the factual position that in the enclosed report prepared in respect of the dead bodies of Vinod Kumar and Vijay Kumar there is an inscription like this, in the