The prosecution must prove the place of occurrence beyond reasonable doubt, and material contradictions between ocular and medical evidence can discredit the entire case. Non-examination of the Investigating Officer can cause prejudice to the accused.

JUDGMENT :

Sudhir Singh, J.

Heard learned counsel for the appellants and learned A.P.P. for the State.

2. Vide order dated 13.02.2023, on the basis of report submitted by learned District & Sessions Judge, Jehanabad, dated 26th November, 2022, the present appeal stands abated against appellants Nos. 3 and 4 since they have already died. Hence, the present appeal survives only against appellant Nos. 1 and 2 namely Ram Dhyan Yadav and Parmanand Yadav.

3. The present criminal appeal has been preferred in the year 1996 i.e. 26 years ago against the judgment and order dated 23.05.1996 passed by learned 1st Additional District and Sessions Judge, Jehanabad in Sessions Trial No. 45 of 1994 (arising out of Karpi P.S. Case No. 8 dated 31.5.1980 ) whereby and whereunder the appellant Nos. 1 and 2 have been convicted under Section 302 of the Indian Penal Code, 1860 (hereinafter 'IPC') and sentenced to undergo rigorous imprisonment for life and further the appellant Nos. 1 and 2 have been acquitted of the charge under sections 131 and 132 of the Representation of Peoples Act.

4. The prosecution case on the basis of fardbeyan of Ram Lakhan Singh of village Batan Bigha recorded by S.I. S.M. Ram of Karpi Police Station on 31.05.1980 at 10:00 hours at Lower Primary School, Batan Bighat, in brief, is that on the same day at about 09:00 a.m. his son Surendra Prasad Singh, who was working as polling agent of Soshit Dal at election booth set up at Batan Bigha Lower Primary School, some persons of village Manga Bigha wanted to cast bogus vote but his son tried to stop the bogus polling whereupon Laldeo Yadav of village Dani Pala who earlier came at 08:00 a.m., in an abusive language shouted to drag him out from the booth and kill him. Thereafter, Ram Dhyan Yadav (appellant No. 1), Parmanand Yadav (appellant No. 2), Deo Sharan Yadav, Bali Yadav and Bineshwar Yadav of village Manga Bigha, after searching son of the informant took him to the north of the said school about two bamboos distance away from the school and started assaulting him with bhala, dagger and lathi. Accused Ram Dhyan armed with bhala, Parmanand with dagger, Deo Sharan with lathi, Bali with gun and Bindeshwar with bomb, together assaulted his son and killed him and threw his dead body in a field towards North. There were 8 to 10 other persons who all were unknown. The occurrence was witnessed by his nephew Sakal Deo Singh (P.W.1), Sheo Prasad Singh (P.W.4), Dinesh Singh (P.W.3), Ashok Singh (P.W.7) and others who were present in the queue for casting their votes. The informant further stated that the accused persons also wanted to assault the informant but the informant managed to escape. On the basis of aforesaid fardbeyan, Karpi P.S. Case No. 8 dated 31.05.1980 was instituted under Section 147, 148, 149, 302 and 114 of the IPC and investigation was taken up.

5. After investigation, the police submitted charge-sheet and cognizance was taken by the Jurisdictional Magistrate and thereafter the case was committed to the Court of Sessions. Charges were framed against the appellants to which the appellants pleaded not guilty and claimed to be tried.

6. During trial, the prosecution examined altogether eleven witnesses, namely, P.W. 1 Sakal Deo Prasad Singh, P.W.2 Ram Lakhan Singh (informant), P.W.3 Ram Binesh Singh, P.W.4 Sheo Prasad Singh, P.W.5 Fahimuddin Khan, P.W.6 Sheo Nandan Singh, P.W.7 Ashok Kumar, P.W.8 Jamal Akhtar Ansari, P.W.9 Ram Kumar Verma, P.W.10 Dr. Chitranjan Sharma and P.W.11 Chandeshwar Prasad. Prosecution in support of the case has also produced exhibits as Ext. 1 Inquest report, Ext. 2 signature of Sakaldeo Singh on inquest report, Ext. 3 signature of Ram Lakhan Singh on fardbeyan, Ext. 4 post-mortem report, Ext. 5 summon of Court to Dr. V.V. Sahay, Ext. 5 letter of Dr. V.V. Sahay written to the Court on his letter pad, Ext. 6 Fardbeyan and Ext. 7 F.I.R. The defence has also examined two witnesses in support of its case namely D.W. 1 Chandradeep Singh and D.W. 2 Ram Brik