The main legal point established in the judgment is that the credibility of the ocular account, the support from the medical evidence, and procedural irregularities in the lodging of the F.I.R. are crucial factors in determining the sustainability of a conviction.

Headnote:
Indian Penal Code - Conviction under section 302 read with section 34 - [MURDER] - [Indian Penal Code, Section 302, Section 34] - The court analyzed the ocular account furnished by the witnesses, the medical evidence, and the procedural irregularities. The court found that the ocular account did not inspire confidence, the medical evidence did not support the witnesses' account, and there were procedural irregularities in the lodging of the F.I.R. These factors led the court to conclude that the conviction and sentence of the appellants could not be sustained.
Fact of the Case:

The appellants were convicted and sentenced for the offence punishable under section 302 read with section 34 of the Indian Penal Code for the murder of the deceased Dattarao. The prosecution case was based on the ocular account furnished by the witnesses and the recovery of blood stained clothes and axes.
Finding of the Court:

The court found that the ocular account furnished by the witnesses did not inspire confidence, the medical evidence did not support the witnesses' account, and there were procedural irregularities in the lodging of the F.I.R. These factors led the court to conclude that the conviction and sentence of the appellants could not be sustained.
Issues: The issues revolved around the credibility of the ocular account, the support of the medical evidence, and the procedural irregularities in the lodging of the F.I.R.
Ratio Decidendi: The court relied on the lack of confidence in the ocular account, the lack of support from the medical evidence, and the procedural irregularities in the lodging of the F.I.R. to decide that the conviction and sentence of the appellants could not be sustained.
Final Decision: The appeal was allowed, the conviction and sentence of the appellants for the offence under section 302 read with section 34 of the Indian Penal Code were set aside, and the appellants were acquitted.

JUDGMENT - VISHNU SAHAI, J.:---Through this appeal, the appellants challenge the judgment and order dated 22nd March, 1996 passed by the Second Additional Sessions Judge, Jalna, in Sessions Case No. 30/1995, whereby they have been convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 500/- each, in default to undergo R.I. for one year, for the offence punishable under section 302 read with section 34 of the Indian Penal Code.

2. In short, the prosecution case runs as under.

The four appellants are brothers inter se and are nephews of the deceased Dattarao. Their father, Kundalik, was Dattarao's brother. There was bad blood between the appellants and the deceased on account of partition of agricultural lands. A day before the incident, i.e. 10-6-1994, all the four appellants took mango fruits from a tree situated on the common bond of the agricultural lands belonging to the appellants and the deceased. The same evening when the deceased returned from the weekly market, his son, Prakash, P.W. 4, informed him about this.

On 11-6-1994, at about 9-9.15 a.m., Sharda, P.W. 2 and her sister Kalindi, P.W. 3 (the daughters of the deceased), along with the deceased proceeded to the field with food for their brothers. The deceased Dattarao was ahead of them. At about 9.30 a.m., while Sharda, Kalindi and the deceased were in a field called Talyache Shet, the four appellants, all armed with axes, came there. The appellant went near the deceased, who was in a stream, and be laboured him with the axes. The deceased started running. However he fell down and thereafter all the appellants again be laboured him with axes. After assaulting the deceased, the appellants ran away. Thereafter, Sharda and Kalindi went near the deceased, who, after looking at them for a minute died. Thereafter, Sharda went to the field where her brothers Prakash, P.W. 4, and Diwakar were working and brought them to the spot.

3. The evidence of Prakash, P.W. 4, shows that, on being informed by Sharda about the fatal assault on his father, he rushed to the place of the incident. He found that his father had sustained injuries on chest, arms, hands and legs. Thereafter, leaving the corpse of his father in the care of villagers, who had gathered there, he went to Partur Police Station on a jeep where he lodged his F.I.R.

4. The evidence of A.P.I. Krishna Bankar, P.W. 11, shows that, on 11-6-1994, Prakash, P.W. 4, made an oral complaint to him at 12.30 noon relating to the murder of his father Dattarao. On the said complaint, Exhibit 35, he registered an offence under section 302 read with section 34 of the Indian Penal Code, vide Crime No. 48/94, against the appellants and took over the investigation of the case. Immediately he went to the place of the incident in village Vaidya Wadgaon, where he recorded the inquest panchanama (Exhibit 37) and panchanama of the scene of offence (Exhibit 38). He seized from the place of the incident some articles. The same day, he recorded statements of six witnesses, including Sharda, P.W. 2, Kalindi, P.W. 3 and Sakharam, P.W. 5. On 13-6-1994, he recorded the statement of Prakash, P.W. 4, under section 161 of the Code of Criminal Procedure.

The same day, he seized the blood stained clothes from the person of all the appellants in the presence of public panchas Gulab, P.W. 6, and Sahebrao, P.W. 7. However, we are not entering deeper into these recoveries, because the said panchas turned hostile and, in our view, on the facts of this case, it would not be safe to accept the solitary testimony of the Investigating Officer A.P.I. Bankar pertaining to the said recoveries.

On 14-6-1994, while the appellants were in custody, they made a statement that they had kept the axes used during the commission of the offence with one Achyut, P.W. 10. He recorded the said willingness of the appellants in the presence of public panch Mahadeorao Kadam, P.W. 9. Pursuant to the said information, the axes were seized from the house of A

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