IMPORTANT POINT
Properly explained delay in lodging FIR is not fatal.

JUDGMENT

Dr. B.S. Chauhan, J. —

1. This criminal appeal has been preferred against the judgment and order dated 28.4.2004 passed by the High Court of Judicature at Allahabad (Lucknow Bench) in Criminal Appeal No. 956 of 2002 dismissing the appeal against the judgment and order dated 12.7.2002 passed by the Sessions Court, Hardoi, in Sessions Trial No. 108 of 2000 convicting the appellants and co-accused Bhagaloo Singh, under Sections 302/34 of Indian Penal Code, 1860 (hereinafter called as ‘IPC’) and sentencing them to undergo rigorous imprisonment for life.

2. Facts and circumstances giving rise to this case are that:

A) An FIR dated 26.10.1999 was lodged by Rajesh Singh (PW.1) in Police Station-Tandiyanwan, Fatehpur District, Hardoi, against the appellants and two other co-accused Ram Lakhan and Bhagaloo Singh that the said four accused had killed Vinod Kumar on 25.10.1999 at 9.00 P.M. Vinod Kumar, aged 22 years was friend of Raj Kumar, the son of Ram Lakhan, accused, and thus had visiting terms with the family. One day, when he went to the house of Ram Lakhan, accused, he saw Bhagaloo Singh, accused in compromising position with the daughter of Ram Lakhan, accused and reprimanded him. Bhagaloo Singh was living with Ram Lakhan, accused and helping him in his agricultural work. Bhagaloo Singh had told Vinod Kumar not to disclose the factum of his intimacy with the daughter of Ram Lakhan to anyone. Thus, a quarrel took place between the two and Bhagaloo Singh, accused threatened Vinod Kumar to face the dire consequences. It is in that consequence that the two appellants, alongwith Ram Lakhan caught hold of Vinod Kumar (deceased) and Bhagaloo Singh gave several blows by a sharp edged weapon “Karauli”. Vinod Kumar died immediately on the spot after having 12 injuries. There had been enmity in these groups of parties and there had been criminal cases between them.

B) On the basis of the said FIR, Case Crime No.155/1999 was registered under Sections 302/34 IPC and investigation ensued. The dead body of Vinod Kumar was recovered and sent for post mortem examination. Buddhi Narain Lal (PW.5), Investigating Officer completed the investigation and submitted chargesheet under Sections 302/34 IPC. All the four accused pleaded not guilty and claimed trial. Thus, they were put to trial under Sections 302/34 IPC in Sessions Trial No. 108/2000.

C) The prosecution in order to prove its case examined five witnesses, namely, Rajesh Singh (PW.1), Devi Gulam Singh (PW.2) as eye-witnesses, Dr. R.K. Porwal (PW.4), Constable Shailendra Singh (PW.3), and Buddhi Narain Lal, I.O. (PW.5). The accused also examined Jag Dev (DW.1) and Salim (DW.2) to prove alibi that the appellants could not be present on the place of occurrence as they had been in their agricultural field. After conclusion of the trial, the Sessions Court convicted and sentenced the appellants along with Bhagaloo Singh under Sections 302/34 IPC and sentenced them to undergo rigorous imprisonment for life vide judgment and order dated 12.7.2002. It may be pertinent to mention here that accused, Ram Lakhan had died during the course of trial.

D) Being aggrieved, the appellants and co-accused Bhagaloo Singh preferred Criminal Appeal No. 956 of 2002 before the Allahabad High Court (Lucknow Bench) which has been dismissed vide impugned judgment and order dated 28.4.2004. Hence, the appellants filed this appeal.

3. Shri J.P. Dhanda, learned counsel appearing for the appellants, has submitted that the appellants had falsely been implicated in the case due to enmity as there had earlier been criminal cases between the parties. The FIR was lodged with a delay of 9 hours and the prosecution failed to furnish any plausible explanation for the same. Rajesh Singh (PW.1) and Devi Gulam Singh (PW.2), the alleged eye-witnesses, were very close relatives of the deceased, and thus, their testimonies cannot be relied upon safely. Prosecution failed to examine any independent witness. Thus, the appeal des