IMPORTANT POINT
When direct testimony of eye witnesses corroborated by medical evidence fully established prosecution version, failure or omission or negligence on part of investigating officer cannot affect credibility of prosecution version.

JUDGMENT

Arijit Pasayat, J.-There are some unusual cases when the complainant himself is treated as an accused and made to suffer a trial. The present appeal is a case of that nature. But the persons against whom he made accusations subsequently faced trial, and are the accused so far as the present appeal is concerned. The appellants have been convicted for offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (in short the IPC ) and sentenced to undergo imprisonment for life and a fine of Rs.1000/- with default stipulation. The conviction made and the sentence imposed by the Additional District and Sessions Judge, Bhatinda were confirmed by the impugned judgment by a Division Bench of the Punjab and Haryana High Court.

2. The prosecution version as unfolded during trial is as follows:

The present three appellants along with Jagrup Singh and Nachhattar Singh faced trial for alleged commission of murder of one Sukhmander Singh (hereinafter referred to as the deceased ). The five accused persons including two who had been acquitted i.e. Jagrup Singh Nachhattar Singh were charge sheeted for allegedly hatching a conspiracy for committing the murder of deceased Sukhmander Singh, thereby committing the offence punishable under Section 120B IPC, and in furtherance of their common intention caused the death of deceased with fire arms and thereby committing offence punishable under Section 302 read with Section 34 IPC. The first information report was lodged on 21.10.1995 by Sukhdev Singh (PW-2) stating that while he and his nephew Bikramjit Singh @ Butta Singh (PW-3) and the deceased had gone to plough the land, suddenly the accused persons armed with fire arms reached the spot of occurrence and raised lalkara that they would teach a lesson to the complainant party for committing the murder of their relations. All the three appellants chased the deceased and fired three shots. The complainant (PW-2) and Bikramjit Singh (PW-3) ran away towards village. After committing the murder the accused persons went towards the village with their weapons. After they departed, PWs 2 and 3 went to the spot of the occurrence to ascertain the fate of the deceased and found that he had already died. Leaving PW-3 to guard the dead body, PW-2 reported the matter to his brother Ranjit Singh, the Sarpanch. While he and Ranjit Singh were proceeding to the police station, on the way they found police party headed by Mukhtiar Singh (PW-6) and reported the matter to him. The occurrence took place around 11.00 a.m. and the first information report was recorded at 4.30 p.m. and was sent to the Area magistrate at a distance of about 20 KMs from the police station and was received by him at 8.40 p.m. It was indicated that the motive of the crime was certain killings where the deceased and family members of PWs 2 and 3 were involved and with a view to take revenge the murder took place. Investigation started in the line as reflected in the FIR, but strangely the police took a view and proceeded as if PWs 2 and 3 were the murderers and had falsely implicated the accused persons. Accordingly they challaned them for trial, but they were acquitted. In the meantime, a complaint was filed by Sukhdev Singh (PW-2) in the Court of Chief Judicial Magistrate, Bhatinda alleging that investigating officer had yielded to political pressure and had made out a case as if the complainant was the murderer. The trial Court considering the evidence on record, found the accused persons guilty. The High Court by the impugned judgment upheld the conviction and found several disturbing features as to how IO had made out a new case to save the accused persons and implicate the complainant party.

3. In support of the appeal, learned senior counsel submitted that both the trial Court and the High Court have lost sight of the actual scenario, and have erroneously come to hold the accused persons guilty. On the highly tainted evidence of PWs 2 and 3 the conv