The judgment emphasizes the importance of clarity in the prosecution's case, the need to obtain crucial evidence, and the impact of doubts raised by the defense on the outcome of the case.

ORDER :

The state is in appeal against the order of acquittal passed by the High Court of judicature at Allahabad.

2. The learned first additional sessions judge, Shahjahanpur, convicted the accused persons under Section 302/149 of the Indian Penal Code and sentenced each of them to life imprisonment and further convicted them under Sections 323/149 of the Indian Penal Code and sentenced each of them to one year's rigorous imprisonment with a fine of Rs. 500/- each together with a default clause.

3. There is some confusion as regards inclusion of Section 149 of the Indian Penal Code and the High Court, however, clarified in its judgment even at the introductory stage that in fact accused persons were tried under Sections 302/34 and 323/34 of the Indian Penal Code.

4. The contextual facts depict that the deceased one Durjan and two injured Churai and Shri Ram, PW4 and four appellants used to reside in village Indalpur, which is about 4 and a half miles from the police station Banda, district Shahjalianpur. Accused Nathu and Ram Bilas are brothers and sons of Gaya Datt and accused Raja Ram and Ram Kishan are also brothers (cousin) and sons of Ram Swamp. Admittedly, there is no motive involved in the matter.

5. The factual backdrop records that on 14.3.1978 at about 2.00 p.m. Shri Kishan, PW. 3, was digging earth with a spade from the land of Gaon Samaj at a place about 50 paces to the south of his house. It has come in evidence that the land in question was being used by the villagers to keep their 'gongas' and while Shri Kishan was in the process of digging, accused Nathu and Ram Bilas came there and protested that question of digging any earth therefrom would not arise. This however infuriated PW. 3 Shri Kishan and there was some altercation. Thereafter, however, the two brothers Nathu and Ram Bilas went away towards the house and after a short while the two brothers (Nathu and Ram Bilas) together with two others armed with lathis were seen coming in front of the house of Durjan and Churai. It is at that place certain altercation also took place because Durjan threatened them not to proceed. It is true that during altercation some lathi blows were also exchanged rendering Durjan injured and on the alarm being raised by Churai, Shri Ram, PW4, the son-in- law of Durjan and some villagers also appeared at the scene of occurrence and challenged the accused. The accused thereafter went away leaving, however, injured Durjan there who subsequently succumbed to his injuries.

6. The learned session judge on this set of facts came to the conclusion as regards the guilt of the accused persons. The injuries said to have been inflicted by the accused persons to Durjan were described as below :

"1. Lacerated wound 1¼ cm x ¼ cm x bone deep, centre of skull.

2. Lacerated wound 2 cm x ¼ cm x bone deep, right temporal region.

3. Bruise 4½ cm x 3 cm left temporal region.

4. Bruise 4½ cm x 1¼ cm outer side of the right arm, 8 cm. below the shoulder.

5. Abrasion ¾ cm x ¼ cm at inner and of left eye brow.

6. Abrasion 1 cm x ¼ cm back of left fore arm 6 cm below the left elbow."

7. Incidentally, Churai was also found to have received some injuries as also Shri Ram. It was, thus, admittedly a fight ensued after the altercation. The learned sessions judge considering the aforesaid evidence on record came to a conclusion as regards the guilt of the accused persons and sentenced them to life imprisonment under Section 302/34 of the Indian Penal Code (as corrected by the High Court.)

8. Against the order as aforesaid, the High Court, however, negatived the same and acquitted the accused persons recording therein that the prosecution has not been able to disclose correctly the very orign of the "marpeet" which resulted into the death of Durjan. Neither the exact place of occurrence has been disclosed by the prosecution. Significantly, be it noted that though there was recovery of the blood soaked earth, but the same was not sent for chemical examination. This failure t