Judgment

JAGANNATHA SHETTY, J.:- These two appeals by Special Leave are by the State of U. P. The respondents- accused in both the appeals are convicted by the Sessions Judge, Farrukhabad, Mainpuri under Ss. 302/149, 307/149 and 148 of I.P.C. and sentenced to various terms of imprisonment. Against the said conviction and sentence the accused preferred Criminal Appeals Nos. 235 and 240 of 1972 before the High Court of Allahabad. The High Court by judgment dated April 19, 1977 allowed the appeals, set aside the conviction and acquitted them from all the charges.

2. On March 2, 1970 there was triple murder in the village Husainpur Tarai, P. S. Shamshabad in the District of Farrukhabad : (1) Moonga Lal, (2) Dharmoo and (3) Jawala were done to death by gun shots. It was alleged by the prosecution that the village was mostly inhabited by Dhobies and Kisans. There was no co-ordination between them. The houses of the accused and the deceased are close to each other. There appears to be only a pathway in between. The deceased obstructed the pathway by constructing a bund across it and also by placing thorny bushes. That was the subject-matter of a panchayat in which Moonga Lal had agreed to remove the obstruction. But he never did. On March 2, 1970 at about sunset time Moonga Lal was working with his cutting machine under the Chapper in front of his house. Lajja Ram and Jamadar were operating the machine. Dharmoo and Jawala were sitting near the Chabutara. There then the accused and some others armed with the guns, pistols and spears came to the Chabutara of Moonga Lal. They fired from the guns. Dharmoo and Moonga Lal died at the spot. Jawala died while being taken from Chabutara to his house. Jamadar, Smt. Badame and Smt. Ram Pyari who were nearby received fire arm injuries.

3. The First Information Report was lodged by Bachchu (PW 3) on March 3, 1970 at 7.00 a.m. in the Police Station which was at a distance of 9 miles from the place of occurrence. The investigation was conducted by Shri B. R. Singh (P. W. 16) and Shri B. P. Singh (PW-15).

4. The post-mortem examination of the bodies of the deceased was conducted by Dr. B. N. Tangri (PW-1). Apart from circular wounds with irregular inverted margins found on the body, all the vital organs of the deceased were also ruptured. In the opinion of the Doctor, the injuries found on the body of the deceased were sufficient in the ordinary course of nature to cause death.

5. On March 3,1970, at about 10.10 a.m. the injured Smt. Ram Pyari was examined by Dr. R. P. Chaudhary (PW-2). It was noticed that she had multiple fire arm injuries each measuring 1/8" x 1/8". The same Doctor also examined Smt. Badame and Jamadar. The former had three injuries while the latter had four, all caused by fire arms.

6. As many as fourteen accused were charge-sheeted under Ss. 302/149, 307/149 and 148 of I.P.C. and tried by the Sessions Judge, Furrukhabad.

7. The prosecution examined several witnesses out of whom five were eyewitnesses: Bachchu (PW-3), Jamadar (PW 9), Sint. Ram Pyari (PW- 11), Lajja Ram (PW 12) and Munshi (PW-14). The trial Judge after considering their evidence and other material on record convicted eight accused, while acquitting six of them. They are sentenced to life imprisonment under S. 302/149, I.P.C. 7 years imprisonment under S. 302/149 I.P.C. and 2 years under S. 148 I.P.C.

8. The accused who were convicted preferred appeals Nos. 235 and 240/1974 before the Allahabad High Court. The High Court allowed the appeals, and acquitted all of them. The State of U.P. has come up before this Court challenging the legality of the decision of the High Court.

9. The High Court has given mainly three reasons for acquitting the accused: (i) All the eye-witnesses produced by the prosecution are partisan witnesses being close relatives of the deceased. (ii) There was delay of about 12 hours in lodging the First Information Report and in all probabilities the report must have been lodged by Lajja Ram (PW- 12) afte