Inconsistency in witness statements and the lack of specific acts attributed to the accused can lead to doubts about the prosecution's case.

L. NARASIMHA REDDY, J.

This appeal under Section 374 of the Code of Criminal Procedure is filed by the accused in Sessions Trial No.39/79, on the file of the 1st Additional Sessions Judge, Begusarai. The appellants were tried for the offence punishable under Sections-302 read with 149 of I.P.C. They were alleged to have killed one Shri Sitaram Mishra, M.L.A. at 7:15 p.m. on 23.8.1978 at Bihat. Through its judgment dated 11.4.1991, the trial court convicted the appellants and sentenced them to undergo imprisonment for life.

2. The facts, as presented by the prosecution before the trial court, are as under :

P.W.4, by name Noonoo Prasad Singh, submitted a complaint at 9:00 p.m. on 23.8.1978 stating that at about 7:00 p.m. on that day, he was sitting in M/s. Ajay Pharmacy in the Bihat Bazar and at that time, the deceased Sitaram Mishra came to that place and asked him whether he would accompany him. P.W.4 is stated to have accompanied the deceased and after they proceeded upto some distance, he went aside to answer nature call. In the meanwhile, he is said to have seen about 9-10 persons, including the appellants herein, proceeding towards the deceased, and that he saw them with the help of the torch in his hand. One Mr. Laddu Singh (who is alleged to have died and as such not put to trial) is said to have fired a shot with his country-made gun on the deceased and when the deceased fell on the ground, he threatened the people around, by firing a shot into the air. The accused are said to have participated in the attack. P.W.4 further stated that he raised hue and cry and on hearing the same, P.Ws.1, 2 and 3 came to that place.

On the basis of the complaint, an F.I.R. was registered against the appellants herein. The steps, as required under the law, such as conducting of inquest, causing post mortem, were completed. Based on the investigation conducted by it, the prosecution filed a charge-sheet. The appellants pleaded not guilty and the trial was conducted. Before the trial court, P.Ws.1 to 12 were examined and, except post mortem report, no documents were filed. On behalf of the appellants herein, D.Ws. 1 to 5 were examined. The trial court convicted and sentenced the appellants as indicated above.

3. Shri Ashwani Kumar Sinha, learned counsel for the appellant, submits that there is any amount of inconsistency in the statements of the crucial witness P.W.4, compared to the contents of the complaint on the one hand, and the other oral evidence on the other hand. He submits that while in the complaint P.W.4 stated that he raised cries on noticing the incident, in the cross-examination he stated that he did not raise any cry at all. He further submits that, according to P.W.4, the other witnesses, such as P.Ws.1 to 3, came to the spot on hearing his cries, whereas none of the P.Ws. 1 to 3 mentioned about the cries. He further submits that in contradiction to that, P.W.4 stated in his cross-examination that P.Ws.1 to 3 came to the spot on hearing the shot fired into the air. He further submits that P.W.3 mentioned about the light through an electric bulb, whereas P.W.4 was silent about it. Other grounds are also pleaded.

4. Dr. Maya Nand Jha, learned A.P.P., on the other hand, submits that except for minor details, the evidence of P.Ws.1 to 3, the eye-witnesses, was consistent in all aspects and that, in turn, accorded the version in the complaint and F.I.R. Medical evidence and other evidence supported the case of the prosecution. He submits that there does not exist any ground for interference with the judgment rendered by the trial court.

5. It is the statement recorded from P.W.4 that has put the machinery of prosecution into motion, in relation to the death of Shri Sitaram Mishra. We have carefully gone through the contents thereof, and find the following salient features :

(a) P.W.4 was sitting at about 7:00 p.m. in the M/s. Ajay Pharmacy;

(b) at that time, the deceased came to the place and verified whether P.W.4 would acco