S.S.SANDHAWALIA, J.

1. Whether a callous inordinate delay of a decade or more would render the verdict of a clean acquittal on a capital charge and the consequent double presumption of innocence virtually impregnable against any challenge by way of a State appeal directed against such acquittal is the spinal question herein.

2. In the larger vista of the issue of grievous and inordinate delays fouling the pure stream of criminal justice and even involving a violation of human rights, the facts of this particular case would pale into insignificance. Nevertheless, the law cannot be divorced from the terra firma of its factual foundation and, therefore, a somewhat brief notice of the background thereof is necessary. The prosecution case arose from a somewhat common-place occurrence which allegedly took place as far back as on 11-4-1969, in the sleepy village Chandi English, police station Bikramganj. The suggested motive for the crime is a trivial one being a petty altercation betwixt school boys. On the date of occurrence Hira Lal, son of the deceased Saligram, and, Shrinewas and Sheodayal, sons of the accused-respondent Baijnath Ahir and Ramlochan Ahir, respectively, had fallen out with each other, whilst returning from the village school. On this paltry provocation, it is the case that the thirteen accused persons variously armed went to the Darwaza of Rombyas Singh and amongst them Sheodaras, accused-respondent, was armed with his licensed gun. On the instigation of Janki Ahir, accused-respondent, Ramsakal Ahir, another accused-respondent, assaulted P.W.5 Tapeshwar Singh, the first informant, on his head and accused-respondent Janki Ahir assaulted Kailashi, whilst Sheodaras, accused-respondent, shot Saligram (deceased) on the chest felling him at the spot. Thereafter all the thirteen accused persons are alleged to have retreated to their houses firing blank shots in the air to terrorise and prevent any attempt at interference. Saligram (deceased) who had been mortally wounded, was carried to Natwar Hospital but succumbed to his injuries on reaching near the Natwar Bridge and thereafter the first informant, with the dead body and his co-villagers, went to Bikramganj Police Station and lodged a first information report on which the case was registered and investigated against the accused persons and they were committed for trial on charges of Ss.302, 302/149, 323/149, 148, 323 and 147 of the I.P.C.

3. The positive counter version of the defence is rooted at the very threshold in the fardbeyan (Ext. A) of Mumeshwari Devi, which was recorded in the Arrah Sadar Hospital, at about noon on the day of occurrence. Her dewar Sheolochan Yadav and her jaut Rampukar Yadav had caught hold of 5-6 she-buffaloes of Tapeshwar Singh and Bansidhar Singh, which had grazed and damaged 11/2 kathas of Garma seedlings. Whilst they were taking the cattle, aforesaid, away, Tapeshwar Singh, Banshidhar Singh, Kauloshwar Singh, Ramun Singh, Suraj Singh, Baijnath Singh and Jamuna Singh came armed with gun, garasa and lathi and proceeded towards the dewar and jaut, who were following the cattle, which were being driven away by them. She had her natin Dayamanti reached there and within her sight Tapeshwar Singh, who had a gun in his hand, shot at her jaut Sheopukar, which hit him in his abdomen and he fell down. Thereafter she attemped to escape but Bansidhar with his gun shot at her, which hit her at her left arm and her natin in her panjari (region near the loin). Her husband Ramsakal Yadav, Prabhu Yadav, Belas Dhobi, Ramlochan Yadav and others had also arrived at the spot and seen the occurrence. Thereafter the assailants had taken away the she-buffaloes and gone to their houses.

4. The prosecution, in order to establish its own rival version, examined six witnesses : P.W.1 Bansidhar Singh, P.W.2 Baijnath Singh, P.W.3 Ramun Singh, P.W.4 Kailash Bihari Singh, P.W.5 Tapeshwar Singh, who is the first informant, and P.W.6 R.S. Verma, who is the invest