JUDGMENT

(SMT.) RANJANA PRAKASH DESAI, J.

1. The appellants Sunil Kundu, Bablu Kundu, Nageshwar Sah and Hira Lal Yadav (‘A1-Sunil’, ‘A2-Bablu’, ‘A3-Nageshwar’ and ‘A4-Hiralal’, for convenience) were tried for offences punishable under Section 302 read with Section 34 and Section 201 read with Section 34 of the Indian Penal Code (for short, ‘the IPC’) and Section 27 of the Arms Act, 1959 (for short ‘the Arms Act’). The Sessions Court by its judgment and order dated 15- 17/09/2004 acquitted them of charges under Section 201 read with Section 34 of the IPC and Section 27 of the Arms Act. They were, however, convicted for offence punishable under Section 302 read with Section 34 of the IPC and sentenced to life imprisonment and to pay fine of Rs.5,000/- each. They carried appeals to the High Court of Jharkhand, Ranchi. The High Court confirmed their conviction and sentence. Hence, these appeals by special leave.

2. This case is a glaring example of how cause of justice can be defeated by inefficient, lackadaisical and incompetent investigating agency. As we go ahead, the reasons for these observations would be clear.

3. At the trial, the case of the prosecution, in short, was that on 29/