IMPORTANT POINTS
(1) Ordinarily the Supreme Court will not interfere with the acquittal recorded by the High Court but when incriminating evidence of a satisfactory character is brushed aside mainly by relying upon a few circumstances which do not go to detract from the incriminating evidence the Highest Court will interfere.
(2) Every delay in sending a special report to the District Magistrate under Section 157 Criminal Procedure Code would not necessarily lead to the inference that the F.I.R. has not been lodged at the time stated or has been ante-timed or ante-dated or that the investigation was not fair and for thright.

JUDGMENT

Tulzapurkar, J.-On the night between the 27th and 28th March, 1972 (around midnight) at the house of Bindra Singh in Village Shah Jalalpur, Police Station Kamlapur, District Sitapur, an incident of dacoity took place during the course of which about 30-32 miscreants variously at med with lathis, dandas, gun, ballam, country made pistols, kanta etc. indulged in arson, loot, violence and murderous assaults on the inmates of the house. The incident lasted for quite some time but before the miscreants left the place two inmates of the house Phoolan Maharaj (a Brahmin Pandit of the family) and Gautam (the minor son aged 11 of Bindra Singh) were murdered, the former by gun shots and the latter by being roasted alive in the fire while Bindra Singh (P.W. 2) himself survived a murderous assault on him; in addition the other members including females in the family received injuries. Among the said miscreants, the prosecution alleged, were the three respondents Gokaran, Prahalad and Sunder, who actively participated in the commission of the said crimes which participation was seen by witnesses standing at a short distance near the Bbousala (chaff-store) of Basant Singh in the light thrown up by fire.

2. Admittedly, there was bitter enmity between Gokaran and his men on the one hand and Bindra Singh and his family on the other and according to the prosecution the main object of this nocturnal attack on Bindra Singhs house was not so much to loot his property but to wreak vengeance and kill Bindra Singh. The gruesome incident, broadly stated, occurred thus: At about mid-night one of the dacoits jumped inside the court-yard by climbing the northern wall and opened the main door making way for the other miscreants to enter. Thereafter looting of the property and beating of the inmates started. Ram Narain Singh nephew of Bindra Singh (P.W. 1) who was sleeping alongwith his wife, aunt, sister and cousin brother in one of the Kotharies was injured but finding an opportunity he rushed out and standing near the chaff store of Basant Singh raised an alarm which brought several villagers and witnesses to the scene of occurrence. A Tarwaha, lying in front of the Baithaka room, was set on fire; Gokaran, who was armed with a gun started threatening "Call the police and get me locked up" and further threatened that each and every member of the family would be butchered. Gokaran, Sunder and two others went to the roof of the Baithak room in which Bindra Singh and Phoolan Maharaj were sleeping and that holes were dug in the roof of that room and through those holes kerosene oil and a Palita soaked in kerosene oil were thrown in side the room causing fire inside the room as a result whereof Bindra Singh received burn injuries; Gokaran also resorted to firing through one of the holes. The Chapper opposite to that room was also set on fire as also about 20 to 30 heaps of mustard crop. Inspite of the attempts made, the door of Baithak room could not be opened; therefore, Prahlad brought Gautam from inside the house and forced him to tell his father to open the door or else he was going to be thrown in the fire, Gautam did so three or four times but Bindra Singh did not open the door and Prahlad. notwithstanding the entreaties by mother and sister of Gautam to spare him, threw Gautam into fire on account of which he died. Gokaran then ran to the southern window of the Baithak Room with his gun and fired three four times inside the room. Bindra Singh, who was armed with his gun, fired in retaliation from inside the Baithak room. As a result of the shots fired by Gokaran, Phoolan Maharaj got killed but thinking that Bindra Singh had died, Gokaran shouted that his work had been done. Thereafter the miscreants went away and Bindra Singh came out in injured condition and stood near the chaff-store of Basant Singh where Ram Narain Singh and others were standing.

3. It appears that while the incident was in progress Sant Bux Singh, brother of Bindra Singh who