JUDGMENT

B.S. Chauhan, J.

1. This appeal has been preferred against the judgment and order dated 19.5.2004 passed by the High Court of Judicature at Allahabad in Criminal Appeal No. 2866/1980, acquitting the Respondents by reversing the judgment and order dated 9.12.1980, passed by the Sessions Judge in Sessions Trial Nos. 181 and 182 of 1980, convicting the said Respondents under Sections 302/34, 307/34 and 379/34 of the Indian Penal Code, 1860 (hereinafter called the 'IPC') and sentencing them under the first count to life imprisonment, under the second count to rigorous imprisonment for 5 years and under the third count to rigorous imprisonment for 2 years. However, all the sentences were directed to run concurrently.

2. Facts and circumstances giving rise to this appeal are that on 16.10.1979, in the morning Naresh, Respondent No. 1 herein, started digging the (Chak Road) to create a passage from the field of the informant Subedar (PW.1). He was stopped by Balak Ram (PW.5). Naresh, Respondent No. 1, not only abused Balak Ram (PW.5), but also assaulted him and threatened him that he would face dire consequences. With regard to this, Balak Ram (PW.5) lodged the complaint of the incident at about 9.30 a.m. in Police Station, Kampil, District Farukhabad. Balak Ram (PW.5) was accompanied to the police station by the informant Subedar (PW.1) and their uncle Sri Ram (deceased). Balak Ram (PW.5) and Sri Ram (deceased) had a rifle and a gun with them.

3. After lodging the complaint in the police station, Kampil, one of them, went to the market to make some purchases and, subsequently, they returned to their village in the evening. While coming back to their village Karanpur, from Kampil, at about 5 p.m. on Kampil - Aliganj Road, as soon as they approached the fields of Gajraj and Ganga Ram; they found the four accused (Respondents herein) emerging out from the bushes armed with gun and country made pistols. They hurled abuse at them and also opened fire. Sri Ram and Balak Ram (PW.5) received gun shot injuries. Sri Ram died on the spot, however, Subedar (PW.1) escaped unhurt. After hearing a distress cry, some persons working in the nearby fields rushed towards the place of occurrence. The accused ran away from the place of occurrence snatching the gun, rifle and ammunitions from the victims.

4. After the arrival of the family members of the victims and some villagers at the place of occurrence, Subedar (PW.1) went to the police station in Kampil, at a distance of 6 miles from the place of occurrence, and lodged the First Information Report (hereinafter called the "FIR") at 9.30 p.m. naming all the accused. Injured Balak Ram (PW.5) was sent for a medical examination at Public Health Centre, Kayamganj which was at a distance of 20 k.m from the place of occurrence. He was examined on the same day by Dr. R.C. Gupta (PW.3) at 10.30 p.m. The Investigating Officer reached the place of occurrence at 10.15 p.m. on the same night, however, the inquest could not be prepared at night due to inadequate light.

5. Ultimately, inquest proceedings could be started at 6.30 a.m. on 17.10.1979. The body of Sri Ram (deceased) was sealed and handed over to Sughar Singh, Constable (PW.9) for taking to the mortuary for post-mortem at Fatehgarh. The I.O. prepared the site plan and started investigation. As none of the accused could be traced, proceedings under Sections 82-83 of the Code of Criminal Procedure, 1973 (hereinafter called "Cr.P.C.") were initiated on 21.10.1979. For that purpose, the Magistrate issued notices on 25.10.1979. In view thereof, two accused, namely, Naresh and Shyam Singh surrendered on 25.10.1979 in the court of the Judicial Magistrate. The remaining two accused, namely, Bharat and Jagpal surrendered on 29.10.1979.

6. After completing the investigation, a chargesheet was filed against all the four accused. They denied their involvement in the crime and claimed trial. In order to establish its case before the trial Court, the prosecution e