IMPORTANT POINT
If the evidence of the prosecution witnesses is totally inconsistent with the medical evidence this is a most fundamental defect in the prosecution case and unless this inconsistency is reasonably explained it is sufficient not only to discredit the evidence but the entire case.

JUDGMENT

Faizan Uddin, J. - The appellants Mani Ram, Agya Ram, Ramjiyawan, Kewal, Sant Ram, Siyaram and janjali were charged and tried under Sections 147, 148 and 302/149 of the Penal Code for committing the murder of one Basdeo at about 4.00 p.m. on 27.1.1978. The learned IVth Additional Sessions Judge, Basti in Sessions Trial No. 1958 convicted the appellants Mani Ram and Agya Ram under Sections 148 and 302 read with. Section 149 of the Penal Code and sentenced them to undergo rigorous imprisonment for two years and life imprisonment respectively while the remaining appellants, namely, Ramjiyawan, Kewal, San tram, Siyaram and Janjali were convicted under Sections 147 and 302 read with Section 149 of the Penal Code and each one of them was sentenced to undergo rigorous imprisonment for one year and life imprisonment respectively. All the sentences were directed to run concurrently. These sentences and convictions awarde to the appellants have been affirmed by the High Court of Allahabad in appeal against which this appeal by special leave has been directed.

2. The prosecution case as it emerges from the F.I.R. Ext. Ka-2 lodged by the informant Prabhoo Nath, P.W. 20 in 27.1.1978 at 6.25p.m. in the Police Station, Sadar Bazar, Basti (UP) is that the Informant Prabhoo Nath, P.W. 2 brother of the deceased and their father Bali were on criminal terms as there were criminal and civil cases pending between them since before the occurrence. It is said that on 27.1.1975 at about 1.00 p.m. The deceased Basdeo along with his brother Prabhoo, P.W. 2 had gone from their village Bighia to Gotwa Bazar for marketing and while they were returning back to their village at about 4.00 p.m. and had reached near the Government tubewell in village Kuri, all the appellants suddenly emerged from a sugarcane field and surrounded them.

Appellants Mani Ram and Agya Ram are said to be aimed with country made pistols while rest of the appellants were armed with lathies. It is said that on the extraction of appellant Sant Ram to kill them and not to let them escape, the appellants Mani Ram and Agya Ram opened fire at Basdeo with their country made pistols and the rest of the appellants assaulted him with lathies. The cries of the informant for help attracted the attention of Ram Pher, Bhurkul and Ram Ajore, all belonging to the village of the informant and who were also coming behind them, who rushed at the spot and saw the occurrence. Thereafter the appellants made their escape good from the place of occurrence. Informant Prabhoo Nath, P.W. 2 the brother of Basdeo who was accompanying him at the time of occurrence could not date to code forward at the rescue of his brother Basdeo due to the fear that he may also be shot at by the appellants. Prabhoo Nath took injured Basdeo, to the Police Station on a rickshaw where he lodged the F.I.R. Ext. Ka - 1 regarding the occurrence.

3. Injured Basdeo, was sent to the Civil Hospital, Basti where he was medically examined by Dr. Chaturvedi who found injuries on his person as per injury report Ext. Ka - 5. However Basdeo died in the hospital same evening at 7.15 p.m. Dr. S.G. Tekariwal P.W. 1, performed the autopsy over his dead body and as per his postmortem report Ext. Ka-7 found the following injuries on his person:

Contusion 10 cm. x 8 cm. face left side, just in front of left side.

Contusion 5 cm. x 1.5 cm. chin front c underlying fracture of mandible front, 3 cm. wide part of whole mendible front was separate from rest of mendible (in three pieces).

Lacerated wound 3 cm. x 1 cm. Bone deep scalp left side parallel to midline, 9 cm. above left ear.

Lacerated wound 4 cm. x 0.5 cm. x bone deep scalp left side 2.5 cm. above & parallel to injury No. 3.

Lacerated wound 3 cm. x 0.5 cm. x bone deep scalp right side 10 cm. above right ear.

Lacerated wound 3 cm. x 1 cm. x bone deep, back up (occipital region) 10 cm. behind the left ear.

Multiple gun - shot wounds (50 in number) in area of 17 cm. x 13 cm. on each right s