IMPORTANT POINT
Interested evidence is not necessarily unreliable evidence.

JUDGMENT

D.K. Jain, J. —

1. The State of Maharashtra has preferred these five appeals, by special leave, against the common judgment and order of the High Court of Judicature at Bombay, in Criminal Appeals No.240, 241, 273, 381 of 1995 and Criminal Revision No.156 of 1995. By the impugned order the High Court, while allowing all the criminal appeals preferred by the convicts and dismissing the criminal appeal and criminal revision preferred by the State, has affirmed the order passed by the Additional Sessions Judge dated 25th April, 1995, acquitting respondents No.1 to 3 herein, of the charge under Section 302 read with Section 34 of the Indian Penal Code, 1860 (for short ‘the I.P.C.’) and has set aside the order of the Trial Court convicting the said respondents for offence under Section 456 read with Section 109 I.P.C. Conviction of respondents No.4 and 5 for the offence under Section 456 I.P.C. has also been set aside by the High Court.

2. The backdrop under which the alleged occurrence took place on 27th April, 1989, in brief, is as follows:

By an agreement of leave and licence dated 28th July, 1988, Ahmed Shaikh, (accused A-1), the owner of Flat No.H-14, 3rd Floor, Zohra Agadi, Yari Road, Versova, Andheri, inducted Smt. Rani Bhagwant Singh (PW-6), as a licensee of the said premises. The agreement was for a period of 9 months and was to expire on 27th April, 1989. The flat was occupied by PW-6 along with her husband Bhagwant Singh (PW-4), her daughter, Harjeet Kaur (PW-5), her son Indrajeet Singh (deceased) and two other sons, Arvinder Singh (PW-1) and Harvinder Singh (not examined). Though the agreement was initially for a period of 9 months commencing from 28th July, 1989, it was subject to further extension and renewal. Advance rent for 9 months was paid to accused A-1 with one month’s rent as security deposit.

3. The said agreement was finalised through an Estate Agent - Moinuddin Khan (accused A-3), a resident of the same society. About two weeks prior to the date of incident, accused A-1, his estate agent (accused A-3) and one Usmangani Shaikh (accused A-2), approached Bhagwant Singh Anand (PW-4) asking him to deliver vacant possession of the flat on the expiry of the said leave and licence agreement. Thereafter on 24th, 25th and 26th April, 1989, they again met Bhagwant Singh Anand and insisted on the delivery of vacant possession of the flat by 27th April, 1989. It will be of some relevance to note that Usmangani Shaikh (accused A-2) is the brother of Asmabi (accused A-4), wife of accused A-1 and Rahimabi, (accused A-5) is the sister of accused A-1. PW-4 requested for permission to stay in the flat for a few more days as his children, including the complainant (PW-1), were busy in their annual examination; his wife, Rani Anand (PW-6) and daughter Harjeet Kaur (PW-5) were also away to Hyderabad since the latter was appearing for her final B.A. examination in Osmania University and they were expected to return back to Bombay on 27th April, 1989. The request was turned down by accused A-1, who insisted that the possession of the flat must be delivered by 27th April, 1989, failing which possession would be taken by force.

4. In this background, very shortly put, the prosecution version was that apprehending that the possession of the flat may not be delivered on the expiry of the licence agreement, accused A-1 decided to take the possession forcibly with the help of his wife (accused A-4), her brother (accused A-2), his sister (accused A-5) and the Estate Agent, (accused A-3). On 27th April, 1989 at about 7.30 p.m., the deceased was standing in front of the shop of accused A-3 on the ground floor in the same society, three buildings away from the building in which the deceased resided, waiting for his mother and sister, who were scheduled to return from Hyderabad in the evening. He had the keys of the flat with him. His father (PW-4), who was in the flat till evening later left the house for bringing food for the fami