The acquittal of the accused was upheld due to significant doubts regarding eyewitness credibility and procedural inconsistencies in the prosecution's case.

Headnote:(A) Indian Penal Code, 1860 - Section 302 - Criminal Procedure Code, 1973 - Section 313 - Appeal against acquittal - The High Court acquitted the accused by disbelieving the three eye-witnesses and the prosecution's circumstantial evidence, citing significant delays in FIR registration and inconsistencies in witness testimonies. (Paras 1, 17, 34, 42)

(B) Evidence Act, 1872 - Section 11 - The court emphasized that omissions in the FIR regarding co-accused are relevant to assess the credibility of the prosecution's case. (Paras 30, 32)

Facts of the case:
The appeal arises from the acquittal of the accused charged with the murder of the deceased, who was attacked by the accused and two others. The FIR was lodged 14 hours post-incident, raising doubts about the eyewitness accounts. (Paras 1, 9, 10)

Findings of Court:
The High Court found the prosecution's case unconvincing due to the delay in FIR registration and the lack of corroborative evidence from the eyewitnesses. (Paras 34, 42)

Issues: The main issues included the credibility of eyewitnesses, the significance of FIR omissions, and the adequacy of circumstantial evidence. (Paras 26, 34)

Ratio Decidendi: The court ruled that the High Court correctly disbelieved the eyewitnesses and found no error in its judgment, emphasizing the importance of reasonable doubt in criminal cases. (Paras 42, 48)

Result: Appeal dismissed.

ORDER :

1. This appeal filed by the State arises from the judgment and order passed by the High Court of Judicature at Allahabad dated 13.2.2015 in Criminal Appeal No. 3291 of 2014 by which the High Court allowed the appeal filed by the respondent herein (original accused) and thereby set aside the judgment and order passed by the Additional District and Sessions Judge, Court No. 12, Ghaziabad in Sessions Trial no. 992A of 2005 holding the respondent guilty of the offence punishable under Section 302 of the Indian Penal Code, 1860 (for short the “IPC”).

2. The case of the prosecution may be summarized as under:-

(a) On 29.08.2004 at around 13:00 hours, the father of the deceased lodged a First Information report at the Dhaulana Police Station Sub-district Hapur, District Ghaziabad, registered as Case Crime No.127/2004 for the offence punishable under Section 302 of the IPC against the respondent herein and two other unknown individuals.

3. The FIR reads thus:-

To, The SHO, Police Station Dhaulana, District Ghaziabad, Sir, it is submitted that the applicant Ompal Singh son of Shri Bani Singh is resident of village Sukhdevpur Police Station Dhaulana, District Ghaziabad. In the year 1991 Raghuvir Son of Savajeet Singh resident of his village had murdered my brother Sitaram whose case is under trial before the Court. Therefore we are having animosity with Raghuvir. Today in the last night my son Rajkumar who is driving vehicle of Transport in Ghaziabad, after getting down from bus stand Samana was coming towards house by walk, then at about 10.30 hrs. in the night the aforesaid Raghuvir accompanying with his two other companions Satpal Singh son of Amar Singh resident of Samana had encircled Rajkumar at the Tube Well and with the intention of murder had attacked with knife on my son, on which he cried and after hearing the voice of shriek, my brother Mahesh and Devender Singh and my Kuldeep @ Kalva and Shripaal Singh son of Jaipal Singh of village Galand and other persons of my village went at the said place by running, who in the light of torch and in the light of moon night saw that the aforesaid Raghuvir and his companions by felling down my son Rajkumar at the Haus of tubewell had chopped and separated his neck from his body with sharp edge weapon. We peoples had tried to move forward thereupon Raghuvir told that if you will move forward then the same thing shall also be applied on you. We people had been terrorized, and thereafter the aforesaid accused persons had fled away via Chak Road towards south direction. There is terror of Raghuvir in our village. Because of terror I had not came to the Police Station in the night, and when my relatives came to me after receiving of information, then I alongwith them came to the Police Station. My report may be lodged and take legal action. Applicant Sd/- Ompal Singh, Ompal Singh son of Bani Singh, resident of Village Sukhdev Pur, Police Station Dhaulana, Ghaziabad, UP. Scriber - Ombir Singh S/ o Ram Prasad Singh, r/o Sukhdev Pur, Police Station Dhaulana, District Ghaziabad, dated 29:08.2004.

Note: I, HCP 99 Yeshpal Singh Nane certified that the copy of tahrir has been copied on Chik

word to word. The carbon copy is clearly readable.

Sd/- Illegible

Yashpal Singh Naine

H.C.P.

29.08.2004”

4. To put it briefly, the family of the deceased was at the inim-ical terms with the respondent herein. Way back in the year 1991, the respondent herein is alleged to have committed murder of one Sitaram who happened to be the brother of the first informant (complainant herein).

5. The respondent herein was tried for the said offence and was ultimately held guilty and sentenced to life imprisonment.

6. It is the case of the prosecution that the deceased was working as a driver in a Private Transport company. Ordinarily he used to reach home by late evening. However, on the date of the incident, he did not reach home till late in the night and, therefore, the family members got