The central legal point established in the judgment is the importance of credible and consistent evidence in establishing guilt beyond a reasonable doubt.

SHYAM KISHORE SHARMA, J. -

Criminal Appeal (DB) No. 492 of 1988 on behalf of appellants Bhim Singh @ Jitendra Singh and Yogendra Singh and Criminal Appeal (DB) No. 528 of 1988 filed on behalf of appellant Karu Singh @ Birendra Singh have arisen out of one judgment dated 27th of August, 1988 whereby all the three appellants were held guilty. Appellant Karu Singh @ Birendra Singh was held guilty under Section 302 of the Indian Penal Code whereas other appellants Yogendra Singh and Bhim Singh @ Jitendra Singh were held guilty under Section 302/34 of the Indian Penal Code. For that each of them were sentenced to undergo rigorous imprisonment for life. Appellant Yogendra Singh was also held guilty under Section 109 of the Indian Penal Code and for that he was sentenced to undergo rigorous imprisonment for life. All the appellants were further held guilty under Section 27 of the Arms Act and for that they were sentenced to undergo rigorous imprisonment for seven years. The sentences were ordered to run concurrently by the learned 4th Additional Sessions Judge, Aurangabad in Sessions Trial No. 93 of 1986/24 of 1988.

2. The fard beyan (Ext.1/3) of P.W.10 Ganesh Singh became the base of formal First Information Report (Ext.5), wherein it was alleged that he had been to Village Pogar Bazar along with his brother Sahjanand Singh @ Sanjay Sharma (the deceased), villager Gaya Singh P.W.5. The fard beyan was recorded on 30.12.1984 at 9.00 p.m. at Village Pogar Bazar. The informant further stated that his brother Sahjanand Singh @ Sanjay Sharma, after purchasing Tilkut was in the process of packing it at the shop of Kishori Sao P.W.6. At that very time i.e. about 4.30 p.m. the accused Bhim Singh @ Jitendra Singh, Yogendra Singh and Karu Singh @ Birendra Singh came to the shop of Kishori Sao and at the behest of Yogendra Singh, Karu Singh @ Birendra Singh fired from his country made pistol causing injury upon the left side of the chest of Sahjanand Singh @ Sanjay Sharma who fell down on the stairs and died instantaneously. At that time all the accused were having pistols. After cry the accused persons returned towards western side. While escaping the accused persons were challenging that anybody will have to face wrath in case they tried to catch. On account of firing they could not chased. The occurrence was witnessed by the informant’s villager Gaya Singh P.W. 5, Hulas Narain Singh @ Ranjit Kumar Singh P.W.2, Binod Kumar Singh P.W.1 and Kishori Sah P.W.6 of Pogar Bazar village. P.W.3 Sachida Nand Singh and P.W.4 Arunanjay Singh have seen the accused persons escaping after commission of the occurrence. The occurrence was in sequel of old enmity. The fard beyan was forwarded to Rafiganj police station for recording the case and accordingly Rafiganj police station registered the case vide Rafiganj P.S. Case No. 185 dated 30.12.1984 under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act and investigation was taken up by Sub-Inspector J.N. Rai P.W.12 who also recorded the fard beyan. In course of investigation, inquest report (Ext.2/2) was prepared at 10.00 p.m. and at that time blood was coming out from the body. The post-mortem examination report (Ext.4) was procured. Statement of the witnesses were recorded and after obtaining permission from the superior officers chargesheet was submitted and cognizance was taken and the case was committed to the court of Sessions whereafter charges under Section 27 of the Arms Act was explained to all the accused persons, Accused Karu Singh @ Birendra Singh was separately charged under Section 302 of the Indian Penal Code and accused Bhim Singh @ Jitendra Singh and Yogendra Singh were charged under Section 302 of the Indian Penal Code and accused Yogendra Singh was further charged under Section 109 of the Indian Penal Code.

3. The defence of the accused persons was of false implication on account of enmity which has been mentioned in the fard beyan itself and also that death w