The court held that the principle of falsus in uno falsus in omnibus is not applicable in every case and that the evidence of witnesses can be relied upon even if there are some inconsistencies, provided that there is independent corroboration.

1. - This appeal is directed against the judgment passed by the Sessions Judge, Jhunjhunu dated July 28, 1977 by which the appellants Mansingh, Jhabar, Karansingh & Pratapsingh were convicted for the offence under section 148 I.P.C. and sentenced to two years R.I. and a fine of Rs. 100/-, in default to undergo two months R.I. each. Appellants Gopi, Sheoprasad, Subesingh and Dariyasingh were convicted for the offence under section 147 I.P.C. and sentenced to R. I. for one years and a fine of Rs. 100/- indefault to undergo R.I. for one month each Appellants Mansingh, Jhabar, Karansingh, Pratap Singh, Gopi, Sheoprasid, Subesingh and Dariyasingh were also convicted for the offences under section 304 Part-I read with 149 I.P.C, 307/149. 326/149, and 436/ 49 I.P.C. and sentenced to R I. for seven years and a fine of Rs. 1000/- in default to undergo R I. for six months each on the first count; R.I. for six years & a fine of Rs. 500/- in default to undergo R.I. for three months each on the second count; R I. for five years and a fine of Rs 500/-, in default to undergo three moths R.I each on the third count and R I. for four years and a fine of Rs. 500/-, in default undergo three months R.I. on the fourth count. Dariyasingh was convicted for the offence u/s 323 I.P.C. and sentenced to three months R.P. The remaining seven appellants were convicted for the offence u/s 323/ 149 I.P.C. and sentenced to R.I. for three months each. Appellant Gopi was convicted for the offence under section 325 I.P.C. and sentenced to R.I. for two years and the remaining seven appellants were convicted for the offence under section 325/149 I.P.C. and sentenced to R.I. for two years and a fine of Rs. 100/- in default to undergo R.I. for one month each. Appellant Man Singh was also convicted for the offence under section 326 I.P.C. and sentenced to four years R.I. and a fine of Rs 500/-, in default to undergo R.I. for three months. The three appellants viz. Smt. Bhateri, Smt. Sheo Kauri and Smt. Geeta were convicted for the offence under section 436/109 I.P.C. and sentenced to R I. for two years and a fine of Rs. 500/-, in default to undergo R.I. for three months each.

2. Briefly stated the facts of the case giving rise to the trial of the appellants, their conviction and the present appeal are as under:The accused party and the complainant party are residents of village Sukhram-ka-Bas and are neighbours in the fields. There was a long standing enmity between them. A few years prior to the present incident in which Dharmpal has met his death and Roop Chand, Ram Karan Shrichand and Amarsingh sustained injuries, some persons from the complainant side were tried for the charge of murder of the son of Lachman. One Banwari son of Bujan was sentenced to imprisonment for life and certain other members of the complainant party were awarded sentences of various terms for various offences in that trial. On August 11, 1976 at about 7.00 p m. deceased Dharampal along with Roop Chand, Ramkaran, Shrichand, Smt. Sarbati, Smt. Dhanwati an I informant Amar Singh were returining to their houses through the way in Sukhram-ka-Bas after working at the southern field of Bujanram. Houre of Bujan Pam falls in the way of Sukhram ka-Bas. When the aforesaid persons reached near the house of Bujan Ram, the appellants, along with one Antar Singh (since acquitted by the trial court) Lachman, Raghunath, Jiwansingh and Harnarain (the four persons against whom the police did not file the charge-sheet) aimed with 'pharsis', 'Jelis' and 'lathis' were sitting hidden and attacked the complainant party. Dharampal, Roopchand, Shrichand Ramkaran and Amarsingh rushed towards the uninhab tted house of Bujanram nearby. Dharampal and Roopchand took shelter in one 'kotha' and Shrichand, Ramkaran and Amar singh io an other The accused party brought the bushes & set fire to the leaves of the shuttcrs.Being instigated by their companions, the three lady appellants Smt. Geeta,Smt. Bhatari and Smt. S