IMPORTANT POINT
The principle that a conviction cannot be sustained on the basis of unreliable witness testimonies and the necessity for corroborative evidence in criminal cases was established.

JUDGMENT :

(Ashutosh Kumar, J.) :

All the three appeals have been taken up together and are being disposed of by this common judgment.

2. Appellant/Munna Singh and appellant /Uma Singh have challenged their conviction in Cr. Appeal (DB) Nos. 343/2017 and 328 of 2017 respectively. Appellant/Uma Singh is the father of appellant /Munna Singh. They stand convicted for the offences under Sections 302 IPC and Section 27 of the Arms Act by judgment dated 17.01.2017 passed by the learned Additional Sessions Judge -IV, Kaimur at Bhabhua in Sessions Trial No. 07 of 2014 arising out of Bhabhua P.S. Case No. 300 of 2013. By order dated 23.01.2017, they have been sentenced to undergo imprisonment for life along with a fine of Rs. 10,000/-for the offence under Section 302 IPC and imprisonment for two years for the offence under Section 27 of the Arms Act.

3. Cr. Appeal (DB) No. 626/2018 has been preferred by appellant/Satyendra Singh, who is the father of the deceased and also the informant of the case, who is aggrieved by acquittal of two of the accused persons put on trial later because of their being charge-sheeted later, namely, Nagina Singh and Dhupan Singh, who have been acquitted of all the charges by judgment dated 04.04.2018 passed by the learned Sessions Judge -IV, Kaimur (Bhabhua) in Sessions Trial No. 420 of 2016 /564 of 2016 arising out of Bhabhua P.S. Case No. 300 of 2017

4. We have heard Shri Prabhakar Singh, the learned Advocate for the appellant /Munna Singh; Shri Tribhuvan Narayan Singh, the learned Advocate for the appellant /Uma Singh and Shri Sidhendra Narayan Singh, the learned Advocate for the appellant/Satyendra Singh/informant. Mr. Sidhendra Narayan Singh has appeared for the informant in Cr. Appeal (DB) Nos. 343/2017 and 228 of 2017. With respect to two of the accused persons, who have been acquitted, namely, Nagina Singh and Dhupan Singh, we have heard Shri Narendra Kumar, the learned Advocate and Mr. Rajesh Kumar Singh, the learned Senior Advocate respectively. The State has been represented by Mr. Satya Narayan Prasad, Mr. Dilip Kumar Singh and Mr. Ajay Mishra, the learned Additional Public Prosecutors.

5. The witnesses in both the Sessions Trial are the same with minor difference in the sequence in which they were examined. We would be referring to the witnesses with reference to Sessions Trial no. 7/2013, in which, appellant /Munna Singh and Uma Singh have been convicted and sentenced.

6. Satyendra Singh/PW4 has lodged the First Information Report on 11.06.2013 at 7.45 P.M. which was recorded by the Sub-Inspector, namely, Mithilesh Kumar of Bhabhua Police Station, who has been examined as PW7. It has been alleged by him that while he was sitting in his house on 11.06.2013 at 4.00 P.M in the evening, three boys including one Sintu Singh and two others, whom he did not identify, came and asked his son/Raghu Singh (deceased) to come for playing cricket. Afore-noted Sintu Singh was carrying a cricket bat in his hand. On the asking of the afore-noted three persons, the deceased went along with them to play cricket. Thereafter, P.W. 4 came out of his house for the purpose of tending his buffaloes and found that near the Kali Temple, there was a huge crowd. He left his buffaloes unattended and went near the temple where he found that the crowd had assembled to watch the cricket match in which his son (deceased) was also playing. He also got engrossed in seeing the cricket match. At about 5 p.m. in the evening, 6 persons on three motorcycles came. Sonu Singh and his father Nagina Singh came on one motorcycle whereas appellants/Uma Singh and Munna Singh came on the other motorcycle. On the third vehicle, two persons had come, one of whom was identified by P.W. 4 as Dhupan Singh. Sonu Singh was armed with a licensed rifle whereas Nagina Singh had a country made pistol in his hand. All the miscreants got down from their vehicles and talked to Sintu Singh for a while. Thereafter, Sonu Singh fired from his rifle which hit th